Conditions of Sale
PURCHASER TERMS AND CONDITIONS
The following as amended by any posted notices and/or oral announcements during the auction sale, constitutes the entire terms and conditions on which property listed in the auction sale
catalogue shall be offered for sale or sold by Maynards, and any consignor of such property for whom Maynards acts as agent. Maynards strongly recommends to all Bidders to thoroughly
inspect all items before the auction on which the Bidder intends to bid. Note that Maynards reserves the right to a) refuse to grant or to revoke the privilege of attending an auction sale to
any person or their agent, at any time, who may have been granted such privilege at previous sales; and b) to refuse to grant or to revoke the privilege of bidding granted by Maynards to any
person or their agent at any previous auction. Capitalized terms not otherwise defined are found in article 13.
1 All property is sold "AS IS, WHERE IS". Absolutely no warranty or representation, written or oral, expressed or implied, is given with any lot. All statements contained in Maynards'
catalogue, website, marketing material or by the auctioneers, or in any bill of sale, invoice or elsewhere as to authorship, age, date, origin, prior history or use, reason for sale, fitness
for any purposes, etc., are approximated statements and shall not be deemed to be representations or warranties with respect to any lot. All photographic representations are
provided solely for guidance and not to be relied upon for accuracy as to colour, tone or condition. No sale is invalid or made void by reason of any flaw in a lot or by reason of a lot
being incorrectly described, and Maynards will not be liable and no compensation will be paid for any such fault or error of description. Absolutely NO RETURN of sold goods, NO
REFUNDS, and NO EXCHANGES will be permitted.
2 Should any dispute arise over the authorship of any artwork offered in the auction or the description of any watch, plate or jewelry, the Purchaser must notify Maynards in writing at a
date not later than fourteen (14) days after the date of sale providing sufficient reason for the Purchaser's dispute of Maynards' attribution or description. Beyond this period and
within six months of the sale date, Maynards' liability is limited to a) the amount of Maynards' commissions; b) any other sale proceeds to which Maynards is entitled; c) any applicable
taxes received from the Purchaser on the sale; and d) making demand on the consignor to pay the balance of the Purchase Price to the Purchaser. Should the consignor fail to pay the
balance promptly after demand, Maynards may disclose the identity of the consignor and assign to the Purchaser Maynards' rights against the consignor with respect to the lot, the sale
of which is sought to be rescinded. Upon such disclosure and assignment, any liability of Maynards as the consignor's agent with respect to the said lot shall automatically terminate.
3 Maynards reserves the right to a) withdraw any property at any time before actual sale; or b) reject a bid from any Bidder. Unless otherwise announced by the auctioneer at the time of
sale, all bids are per lot as numbered in the catalogue. Lots may be combined or divided at the auctioneer's choice. Certain lots may be offered subject to a confidential reserve placed
by the consignor. In such cases, the auctioneer may bid on the consignor's behalf, only to the amount of the reserve. However, the consignor is not permitted to bid on their
consignment property.
4 Every person at the auction site before, during and after the auction sale, shall be deemed to be there at his/her own risk with notice of the condition of the premises, the activities on
the premises, and conduct of third parties; and the Bidder shall so advise his/her agents and employees. No person shall have any claim against Maynards, its consignors, agents,
employees, directors or principals for any injuries sustained or for damages to or loss of personal property, which may occur from any cause whatsoever.
5 A sale to the highest Bidder shall be complete upon the auctioneer's call with the highest Bidder purchasing the offered lot as the Purchaser, in accordance with all the conditions set
forth herein, including assuming full risk of loss and responsibility, thereof, in accordance with article 8. In the event of any dispute between Bidders, or in the event of doubt on the
part of Maynards as to the validity of any bid, the auctioneer shall have the sole discretion either to determine the successful Bidder or to reoffer and resell the lot in dispute. If any
dispute arises after the sale, Maynards' sales record shall be conclusive.
6 All or part of the Sales Tax may be exempt if the lot is delivered or otherwise removed from British Columbia (BC). It is the Purchaser's obligation to prove to the satisfaction of
Maynards, prior to the payment of the Purchase Price, that such removal results in an exemption from the Sales Tax. Exemptions will only be permitted if a commercial third party
carrier delivers the lot directly from Maynards' premises to a destination outside of BC and supplies Maynards with the appropriate delivery documentation. The Sales Tax of the
destination province will be charged if the lot is shipped to a province outside of BC.
7 Bidding is in Canadian dollars and payment is to be made in Canadian funds whether by cashier's cheque, Visa, MasterCard, traveler's cheques or money order, etc. Total purchases of
less than $1,000.00 may be paid by cash or uncertified personal cheque only if sufficient identification is provided to the cashier when paying. Total purchases over $1,000.00 may be
paid by certified cheque, Visa, MasterCard, American Express, traveler's cheques, or bank draft drawn in Canadian dollars. There is a $5,000 maximum on all credit card transactions. A financing handling fee may be charged on any non-cash transaction. A deposit
of 25% may be required as a down payment with the balance to be paid within three (3) days of the termination of the auction.
8 Purchase of any lot is at the Purchaser's risk with risk of loss immediately passing to the Purchaser upon the auctioneer's call. Neither Maynards, nor its consignors, nor its employees,
nor its agents, nor its directors, nor its principals have any liability of any nature whatsoever to the Purchaser, other than the sole and exclusive liability of refunding the Purchase Price,
in the event the lot is not delivered to the Purchaser due to fire, theft, damage, or any other cause or, if there is any loss or damage of any kind to the lot, whether caused by negligence
or otherwise, while any lot is in or under the custody of Maynards.
9 No lot may be removed until the Purchase Price is paid in full for all lots purchased. All lots purchased shall be removed in their entirety from the site at the Purchaser's sole cost and
responsibility and by the date as specified in the auction catalogue or as posted or announced at the sale. Maynards may provide assistance to the Purchaser with packing or removing
goods from the auction floor once sold, solely as a courtesy. However, Maynards is not responsible for any damage which may occur during that time. Check-out of small items may be
permitted after 9:00 p.m. on the night of the sale. Large pieces of furniture, rugs, sets of china and crystal, large paintings, etc. may only be removed at the termination of the auction.
It is the responsibility of the Purchaser to bring sufficient wrapping material and boxes, etc. The Purchaser shall full indemnify Maynards and its consignors for any loss arising from
damage to any person or property caused to any extent by the Purchaser's removal of the lot(s) purchased.
10 Certain property sold at the auction may be subject to laws governing exports from Canada and import restrictions of foreign countries. The export of any lot from Canada, or import
into any other country, may be subject to granting by local authorities of one or more export or import licenses, as the case may be. It is the Purchaser's responsibility to obtain any
relevant export or import licenses. All lots purchased from Maynards shall be paid for in accordance with article 7 and the denial of any export or import license or any delay in the
obtaining of such license shall not justify the rescission or cancellation of any sale or any delay in making payment of the Purchase Price for the lot. Maynards is unable to assist in
obtaining any of the above-mentioned export or import license documents.
11 If prospective Purchasers are unable to attend the auction on-site, Maynards will arrange for absentee bidding as a courtesy. An absentee bid enables a staff member to bid on the
prospective Purchaser's behalf according to the standard bidding process. Maynards' auction representatives will not bid above the maximum amount indicated by the prospective
Purchaser. In the event that Maynards receives more than one absentee bid for the same maximum amount and at the auction, those absentee bids are the highest bids for that lot;
the lot shall be Knocked Down to the person whose absentee bid request was received first. Maynards will have no liability whatsoever for any errors or failures. All outstanding
accounts for absentee bidders must be settled in full within three (3) days of the termination of the auction.
12 If the conditions herein or any other applicable condition(s) are not complied with, in addition to other remedies available by law to Maynards and/or its consignors, including but
without limitation, the right to hold the Purchaser liable for the Purchase Price, Maynards may, at its option, choose to do any of the following:
(a) cancel the sale in part or in full, retaining as liquidated damages all payments made by the Purchaser;
(b) resell the property, either publicly or privately, after three (3) days notice to the Purchaser and for the account and risk of the Purchaser, and in such event the Purchaser shall
be liable to Maynards for any deficiency if the resale is less than the Purchase Price, plus all costs, including warehousing, the pro-rata share of expenses of both sales including
reasonable attorneys fees, Maynards' commission, plus all other charges due hereunder and incidental damages suffered by Maynards or its consignor;
(c) charge interest on the Purchase Price at the rate of 5% above the prime rate of the Royal Bank of Canada; and
(d) store the lot on the premises of Maynards or elsewhere, and to release the lot to the Purchaser only after payment of the Purchase Price and any additional expenses incurred
by Maynards.
13 Definitions:
(a) "Bidder(s)" means a person or a person's agent who has completed proper registration with Maynards and has obtained a numbered bidding card (note that bidding cards
cannot be shared between two or more bidders), who may place bids on property auctioned by Maynards;
(b) "Buyer's Premium" means a fee of not less than 20% of the Hammer Price, which will be added to the Hammer Price in respect of each lot purchased;
(c) "Hammer Price" means the price at which a lot is Knocked Down to the Purchaser;
(d) "Knock(ed) Down" means to conclude the sale of a lot by the auctioneer's call, inclusive of the blow or knock of the auctioneer's hammer;
(e) "Purchase Price" means the aggregate of a) the Hammer Price; b) the Buyer's Premium and other surcharges, if any; and c) unless the Purchaser is exempt by law from the
payment thereof, in accordance with article 6, the Sales Tax and any other applicable taxes or fees;
(f) "Purchaser" means the highest Bidder acknowledged by the auctioneer as the Bidder who wins the lot; and
(g) "Sales Tax" means the Federal and Provincial sales and excise taxes applicable in BC or in the destination jurisdiction to which a lot will be delivered.
GENERAL CONTRACT INFORMATION
SUCCESSFUL BIDDER: The highest bidder shall be the buyer, but in the event of a dispute between bidders, the auctioneer shall have the discretion to determine the successful bidder, or to re-offer the article in dispute. Such determination shall be final and binding.
REVOCATION OF BIDDING PRIVILEGES: Maynards reserves the right to (a) refuse to grant or to revoke the privilege of attending an auction sale to any person, at any time, who may have been granted such privilege at previous sales, and (b) to refuse to grant or to revoke the privilege of bidding granted by Maynards to any person at any previous auction.
AUCTIONEER'S LIEN: Maynards expressly reserves the right to retain possession of all goods sold at this sale until payment is received in full, in keeping with these Conditions of Sale.
RIGHT OF SALE: Should any bidder default in paying for lot(s) purchased by that bidder or their agents, the bidder shall also be responsible for:
o any deficiency in the price between the resale amount which should have been paid by the bidder;
o any costs incurred by Maynards for the care and custody of such goods until they can be resold;
o the amount of commission that Maynards would have earned had the bidder not refused payment, including the buyer's premium.
BIDDER'S RESPONSIBILITIES: The duties of the bidder are to inspect any goods upon which they are planning to bid, to check carefully for any damage or loss, and to satisfy themselves during the days of public preview as to the accuracy of our catalogue descriptions.
BIDDER'S ACKNOWLEDGEMENTS: The bidder acknowledges his or her acceptance of these Conditions of Sale when he or she exercises the option to bid.
CONDITION and RELATED
BIDDER'S RESPONSIBILITIES: The duties of the bidder are to inspect any goods upon which they are planning to bid, to check carefully for any damage or loss, and to satisfy themselves during the days of public preview as to the accuracy of our catalogue descriptions. Please contact Maynards staff prior to the auction for condition reports however Maynards staff is not responsible for mis-information or omitted information.
PREMIUM
1.) The Buyer:
The buyer shall be highest bidder acceptable to the auctioneer, whose bid is at the hammer price. Any dispute arising in relation to same shall be settled at the auctioneer's sole discretion. Bidders will be assumed to acting as principal in the transaction unless specific instructions are provided detailing otherwise. As such, all bidders are liable in a personal capacity for the total amount due, irrespective of agency agreements. Mealy's contract as agents for sellers whose identity, for reasons of confidentiality, is generally not disclosed. Accordingly, buyers are reminded that the primary contract is between the buyer and the seller, with Mealy's acting as agent for the seller.
2.) Inspection:
Ample opportunity is given for inspection. Each purchaser, by making a bid for a lot, acknowledges that he or she is fully satisfied before bidding, by physical inspection or otherwise, as to the description, condition, and other information relating to the lot. Despite all efforts being made to ensure accurate descriptions and estimates, lots purchased are assumed to have been viewed and inspected. As such, all lots are sold with all faults and errors of description, at the buyers risk. The Auctioneers are not responsible for the correct description, genuineness, authenticity or any default or defect in any lot, and make no warranty in this respect. Estimates reflect a range of values, the lower of which usually represents the reserve price. Buyers are reminded that estimates are merely the opinion of the auctioneer, are subject to change and are in no sense definitive.
3.) Payment:
All lots purchased are subject to a 20% + VAT buyer's premium (VAT is 23%, final premium is 24.6%). By bidding, all prospective purchasers agree in advance to pay this premium on the hammer price. Buyers attending the auction are encouraged to pay for lots purchased on the day of sale. Unless otherwise agreed in writing prior to the auction, the buyer of a lot shall pay to the auctioneer within five working days the total amount due. Notwithstanding this, the auctioneer may at its sole discretion, require a buyer to pay a deposit of up to 25% of the total amount due at the conclusion of the auction. The auctioneer may apply any payments received by a buyer towards any sums owing from that buyer to the auctioneer on any account, regardless of directions given by the buyer in that regard, whether express or implied. Payment methods include cash, Euro bank draft, cheque drawn on the buyer's Irish bank account, EFT (subject to applicable bank charges), debit card and credit card (subject to 3% surcharge for Mastercard & Visa and 5% surcharge for American Express). Under no circumstances can the Auctioneers accept third party cheques either in full or part payment of any lot. Non-payment by a buyer may result in any of the following actions:
- proceedings against the buyer for damages for breach of contract.
- recission of sale.
- resale of the lot(s) without notice, after which the buyer shall be responsible for any resulting deficiency in the total amount due.
- removal, storage and insurance of the lot(s) at the buyer's expense.
- interest may be charged, commencing after five working days from the sale date, on the outstanding debt at a rate 1% above the Bank of Ireland base interest rate on the day of purchase.
- retention of lot(s) purchased at Mealy's until the outstanding balance is settled in full
- rejection of all future requests for bidding by the buyer or his/her agent.
- application of proceeds of sale of items consigned to Mealy's by the buyer in settlement of outstanding balances.
4.) Reservation of Title & Risk:
Title in an item or items purchased will not pass to the buyer until Mealy's have received payment in full, notwithstanding possession. However, each lot remains the sole risk of the purchaser from the fall of the hammer.
5.) Collection, Removal & Dispatch of Goods:
Collection & removal of items purchased is at the buyer's risk and expense from the fall of the hammer and is available from our offices for five working days after the sale. No purchase shall be claimed or removed until the sale has been concluded, i.e. purchasers cannot collect items while an auction is in progress. Collection can only take place during normal regular hours. Mealy's shall not be responsible for lost, stolen, damaged or destroyed lots, if not collected within the allotted time frame. All lots not removed are subject to the minimum warehousing charges outlined below. Lots not removed within thirty days of the sale may be re-sold by auction or private sale without notice to the buyer. Any liability which there may be on the part of the Auctioneer, in respect of any loss, shall be restricted to a maximum of the price paid by the purchaser of the lot. Storage and warehousing charges: Please note that there will be no charge to purchasers who collect their lots within five working days of the sale. After five working days has passed, a transfer and administration charge of €20.00 per lot will be payable and a storage charge of €2.00 per lot per day will then come into effect. These charges are payable by the purchaser to Mealy's and are subject to VAT. House Clearance & Specialised Sales: the charges outlined above relate to our regular gallery sales. House Clearance sales and other specialised sales are subject to higher removal and storage charges that will be notified to buyers where relevant. Buyers should confirm the storage and warehousing charges for such sales in advance of bidding. If any buyer fails to comply with any of the above conditions, the damage recoverable from the defaulter shall include all loss arising from any re-sale of the lot, together with the warehousing charges and expenses in respect of both sales, and any money deposited in part payment shall be held by the auctioneer against the defaulters liability and may be appropriated in settlement of the liability.NB. Mealy's do not offer packing or dispatch services. We strongly recommend that all bidders consult a professional shipping company. A list of approved service providers is available on request.
6.) Forgeries
If within 30 days after the Sale of any item, the Auctioneer receives a notice in writing from the Buyers by Registered Post that such an item is a deliberate forgery, together with the necessary evidence to satisfy the Auctioneers of such an allegation, then the Sale of that item will be rescinded and the net Purchase monies refunded (less any outlays incurred by the Auctioneers) to the Purchaser.
7.) Condition of Lots
All lots at auction are sold 'as is'. Mealy's act as agents for the seller and as such, are dependent on information provided by the seller. Whilst efforts are made to inspect lots and act reasonably in taking a general view about them, we are unable, in the normal course of business, to carry out detailed examinations of lots to ascertain condition. In addition, Mealy's are not restorers, conservation experts or related professionals. Buyers are provided with ample time to examine lots and ascertain condition, and by bidding, accept the duty and responsibility for inspecting, examining and investigating lots that they intend to bid on. Imperfections, defects and other condition issues are not stated in the catalogue description. Mechanical objects of any age are not guaranteed to be in working order.
8.) Condition Reports
Condition reports may be requested by buyers in advance of the sale and our employees may be able to assist buyers by providing such reports. However, these are provided for guidance online, without legal obligation or prejudice to standard terms and conditions of sale. Such reports are merely the gratuitous opinion of Mealy's employees or operatives. Neither Mealy's, nor the seller, accept any responsibility for the condition of lots or for the content of condition reports. Subsequent disputes arising in relation to condition and/or the content of such condition reports will not be entertained.
9.) Absentee Bidding
Absentee bidding is available to prospective purchasers in the form of commission bidding & telephone bidding. However, registration for absentee bidding must be completed by 5pm on the day preceding the sale. Mealy's accept no liability for acts or omissions relating to bids received after this deadline. From time to time, Mealy's will entertain absentee bidding requests received after the deadline has passed, but this is at the discretion of our employees and Mealy's accept no responsibility for accuracy in the execution of such bid requests received after the deadline. All items purchased by absentee bidders are sold as is, and are assumed to have been viewed and inspected by the purchaser. In the case of commission bids, these will be executed by Mealy's as cheaply as possibly, having regard to the reserve (if any) and competing bids. If two bidders submit identical commission bids, the auctioneer has sole discretion to determine the successful buyer, but will generally opt for the first commission bid received. Telephone bidders are reminded that telephone lines are inherently subject to technical issues. It is strongly advised that telephone bidders leave a 'cover bid', e.g. a commission bid with their maximum bid price, to account for situations in which technical issues result in telephone bidding problems. Once an absentee bid is received, a contractual agreement is in place and the bid cannot be revoked without express agreement in writing signed by the auctioneer.
10.) Online Bidding
Mealy's offers online bidding services to those who cannot attend the sale. Bidding registration for online bidding must be completed by 5pm on the evening preceding the sale day. A surcharge of 3% will be levied on the ultimate hammer price, in addition to the regular buyer's premium of 20%, for successful purchases executed using this service. Since online bidding is hosted by 3rd parties, Mealy's accept no liability whatsoever for disputes arising from same. We strongly encourage all prospective buyers to utilise our absentee bidding services in priority. Online bidders contract with the online auction host directly, not with the auction house.
However, by registering with an online auction host, the bidder:
- authorises Mealy's, if they so wish, to charge the credit card given to the online auction host, in part or full payment, including all fees, for items successfully purchased
-confirms that he or she is authorised to provide these credit card details and is indeed the account holder
11.) Auction Displays and Online Images
Images are used to display items for Sale at Auction. This service is merely a reminder to the customer of items viewed previously during exhibition days. We do not guarantee the quality or condition of the item viewed, the accuracy of the display image or guarantee the item on display is the item being sold. Subsequent disputes arising as a result of such image displays will not be entertained.
12. Mechanical & Electrical Items and Post - 1950 Furniture
Mechanical & electrical are sold as 'antiques' only, for decorative purposes. There is a duty on the buyer to have such items checked for compliance with safety regulations by a qualified expert. Please note the Auctioneers offer no after sale guarantee whatsoever with regard to mechanical and electrical items. We accept no subsequent liability for any damage, loss or injury arising from the use of the foregoing. All items of furniture in this sale are offered for sale as works of art. Such items may not comply with safety regulations and should not be used functionally unless inspected by a relevant expert.
13.) Export of Goods
Buyer's intending to export goods purchased at Mealy's should ascertain the following in advance of bidding:
- Whether an export license is required
- Whether there is any specific prohibition on exporting/importing goods of that character (e.g. CITES regulations)
14. Disputes & Agency
In the event of any dispute arising in relation to any of the foregoing, the matter shall be referred to an Independent Arbitrator to be agreed between the relevant parties. As auctioneers, we generally contract as agents for sellers whose identity, for confidentiality reasons, is not normally disclosed. Accordingly, a buyer's primary contract is with the seller.
15. Third Party Liability
All members of the public that enter on our premises at any time, for whatever reason do so at their at their own risk. Inaddition, Mealy's will not be responsible for any damage or loss caused to vehicles parked in the vicinity of our premises.
By participating in our sales, all bidders and buyers acknowledge that they have read the above terms and agree to be bound by our conditions of sale
Inspection
Ample opportunity is given for inspection. Each purchaser, by making a bid for a lot, acknowledges that he or she is fully satisfied before bidding, by physical inspection or otherwise, as to the description, condition, and other information relating to the lot. Despite all efforts being made to ensure accurate descriptions and estimates, lots purchased are assumed to have been viewed and inspected. As such, all lots are sold with all faults and errors of description, at the buyers risk. The Auctioneers are not responsible for the correct description, genuineness, authenticity or any default or defect in any lot, and make no warranty in this respect. Estimates reflect a range of values, the lower of which usually represents the reserve price. Buyers are reminded that estimates are merely the opinion of the auctioneer, are subject to change and are in no sense definitive.
Buyers Premium & Taxes
All lots purchased are subject to a 20% + VAT buyer's premium (=24.6%)
Payment
Payment methods include cash, Euro bank draft, cheque drawn on the buyer's Irish bank account, EFT (subject to applicable bank charges), debit card and credit card (subject to 3% surcharge for Mastercard & Visa and 5% surcharge for American Express). Under no circumstances can the Auctioneers accept third party cheques either in full or part payment of any lot.
Shipping
Buyer makes their own shipping arrangements. A list of approved service providers is available on request.
CREDIT CARD RULES
We accept Visa, Mastercard and American Express up to a limit of $5,000 Canadian Dollars.
PAYMENT
TAXES
FEDERAL SALES TAX: Federal sales tax (GST) of 5% and Provincial sale tax (PST) of 7% is applicable on all lots except books, which are 5%. All persons or organizations are required to pay the federal sales tax if they take immediate possession of their purchases within B.C. The sales tax will be refunded if a commercial 3rd party carrier ships the item(s) directly from Maynards premises to a destination outside this province or country, and supplies Maynards with a copy of the Bill of Lading as proof; the Canadian Federal Tax (GST or PST) in the Province of destination will be charged.
Shipping Terms
The auction house does not have a shipping department, and will not ship items won; however, there are local recommendations for which the contact information can be given. We will assist purchasers in organizing shipping.
REMOVAL OF GOODS: Purchases must be completed and items removed no later than three days after the last session.
ASSISTANCE IN REMOVAL OF GOODS: Maynards may provide assistance to the bidder with packing or removing goods from the auction floor once sold but we are not responsible for any damage which may occur during that time. Clients are further advised that check-out of small items may be permitted after 9:00 p.m. on sale nights. Large pieces of furniture, rugs, sets of china and crystal, large paintings, etc. may only be removed at the end of that sale session. It is the responsibility of the buyer to bring sufficient wrapping material and boxes, etc. In the event of fire or theft of goods, however caused, Maynards' responsibility will be to the amount of the purchase price only. We are not responsible for the security of goods left after the removal deadline.