Auction Terms & Conditions These Terms and Conditions of Business apply to all live and online auction sales conducted by Brooks and Palen Inc (the Auctioneer).
Given the current health crisis. collecting your purchases would be by appointment only and curbside deilvery. If you have any questions, please contact us.
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" .
Condition of Lots:
All of 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 15% at online auctions unless otherwise indicated. At live auctions, each lot sold is subject to a buyer's premium of 18% 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 withdraw any lot from sale at any time, to divide any lot or to combine any two or more lots, all without notice.
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.
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 an employee of the auctioneer, pursuant to the instructions of prospective purchasers not in attendance at the sale.
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. 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 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. 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 aren't 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. 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).
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 particular person or persons at any auction.