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, traveler's cheques, or bank draft drawn in Canadian dollars. A financing handling fee will 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 15% 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.
14. Please be aware that the minimum bid stated on Artfact/Invaluable/Auction Zip is only an approximate guideline, it does not reveal any reserves, and the true starting point will be at the discretion of the auctioneer.
GENERAL CONTRACT INFO
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
Kaminski Auctions<br />
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Terms & Conditions of Sale<br />
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1. All property is sold AS IS/WHERE IS and all sales are final. While the Auctioneer will, to the best of his ability, describe the items for sale, there are no warranties, expressed or implied, that the property offered for sale is what it is described to be by the Auctioneer or the catalog. The bidder is solely responsible for determining the age, size, condition and value of the property before bidding. Neither the Auctioneer nor the Consignor will be held responsible for any descriptions of the rarity, quality, condition, size, importance, or provenance of the property, and no statement, whether oral or written, by the Auctioneer or by any representative of Kaminski Auctions shall be deemed a warranty or representation regarding the property offered for sale.<br />
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2. The buyer's premium on property purchased will be in the amount of 15% of the final bid price.<br />
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3. The Auctioneer, at his sole discretion, reserves the right to reject any opening bid, which he feels is unacceptable or too low. The Auctioneer also reserves the right to withdraw any property before the sale.<br />
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4. The highest bidder acknowledged by the Auctioneer will be the purchaser. In the event of a dispute between bidders, or, in the event of doubt on the Auctioneer's part as to the validity of any bid, the Auctioneer will have the final discretion to determine the successful bidder, or the choice to re-offer and sell the property in dispute.<br />
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5. Once the Auctioneer announces the word 'Sold', title to the property will immediately pass to the highest bidder acknowledged by the Auctioneer. Once title to the property has passed to the highest bidder, such bidder (a) assumes all risks and responsibilities for protecting and securing the property (b) will pay the full purchase price plus buyer's premium.<br />
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6. Payment: All items purchased in person must be paid for on the day of the sale. All items purchased via absentee, phone or internet bidding must be paid for within 7 business days after the auction. Kaminski Auctioneers will invoice all winning bidders within 72 hours of said auction. All items must be paid for within 7 days following the auction. Kaminski Auctioneers reserves the right to hold items paid by check until the check clears. There is a handling charge of $25.00 for dishonored checks. The Auctioneer reserves the right to impose a storage fee of $10.00 per day per lot commencing on the 8th day after the auction for any property not paid for and/or removed from the premises. ALL PROPERTY STORED IS AT THE RISK OF THE PURCHASER.<br />
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7. All purchases are subject to 6.25% Massachusetts sales tax unless purchaser has Massachusetts sales tax exemption number. Items shipped or mailed out of the state of Massachusetts are exempt from Massachusetts sales tax.<br />
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8. All terms and conditions of sale are governed in accordance with the laws of the state of Massachusetts.<br />
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9. Kaminski Auctions will provide the names of local shippers with whom the purchaser may deal directly. Payment must have been received and checks cleared prior to the release of property for shipping. Kaminski Auctions will provide delivery to local areas for a fee of $100.00 for the first lot, and $25.00 for each additional lot.<br />
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10. On purchases exceeding $5,000.00 paid for by business or personal check, and not by cash or certified funds, the Auctioneer reserves the right to retain possession of the merchandise until the personal/business check clears our account.<br />
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11. Bidding on any items indicates your acceptance of these terms and conditions of sale.<br />
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PREMIUM
BUYER'S PREMIUM: All sales will be subject to a Buyer's Premium of 20% (23% on-line) that will be added to the purchase price of any lot. Any taxes will be applied to the aggregate amount of Bid Price and Buyer's Premium.
PAYMENT
PAYMENT: 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, traveler's cheques, or bank draft drawn in Canadian dollars. Please note there will be a financing handling fee on any transaction that is not cash. A deposit of 25 percent may be required as a down payment, with the balance to be paid no later than 3 days after the last session by 5:00 P.M. <br />
CANADIAN FUNDS: International bidders are reminded that bidding is in Canadian dollars and that payment is to be made in Canadian funds whether by cashier's cheque, Visa, MasterCard, traveler's cheques or money order, etc. <br />
SHIPPING/REMOVAL
THE AUCTION HOUSE DOES NOT SHIP: 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. <br />
REMOVAL OF GOODS: Purchases must be completed and items removed no later than three days after the last session. <br />
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. <br />
TAXES
FEDERAL SALES TAX: Federal sales tax (HST) of 12% 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 may be waived ONLY 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; in which case the Canadian Federal Tax (GST or HST) in the Province of destination will be charged.
