Conditions of Sale
The provisions of these Terms and Conditions of Sale shall govern any proposed or actual transaction between the auctioneer Art House Atelier (aka "Art House Atelier" ), prospective bidders (“Bidder”) (“AHA”) and the prospective buyer (“Buyer”).
At the fall of the auctioneer’s hammer, the person who has placed the highest bid must purchase the lot in accordance with the conditions presented herein.
The highest bidder accepted by the auctioneer for any lot shall be the Buyer. The buyer’s verified credit card on file at the time of registration will be charged the purchase price within 48 hours after the auction closes.
A buyer's premium of 20% of the successful bid price is to be paid by the Successful Bidder to Art House Atelier as part of the purchase price.
The purchase price is the sum of (a) the hammer price, (b) the buyer’s premium payable to Art House Atelier by the buyer, equivalent to 20% of the hammer price, and (c) the applicable sales taxes. Sales are completed as monetary transactions and the prices are expressed in Canadian dollars.
Art House Atelier charges a buyer’s premium of 20% on the hammer price. The term “hammer price” designates the price at which a lot has been knocked down to the buyer at the time of sale. Buyer’s premium and applicable Canadian taxes are added to the hammer price.
A charge of 13% HST (Harmonized Sales Tax) is applicable on the hammer price and buyer's premium, except for purchases exported from Canada. In the case where purchases are shipped out of the province of Ontario, the HST or GST is charged based on the tax status of that province.
ALL TRANSACTIONS ARE CONDUCTED IN CANADIAN DOLLARS (CDN)
Buying at Art House Atelier
All lots will be offered and sold subject to this Condition of Sale as well as any Glossary and posted announcements. By bidding at auction, bidders are bound by those Conditions and Glossary, as amended by any announcements or posted notices, which together form the contract of sale between the successful bidder (buyer), Art House Atelier (auctioneer), and the consignor (seller) of the lot. Description or photographs of lots are not warranties and each lot is sold “as is” in accordance with the Conditions of Sale.
Condition of Lots:
All of the items are to be considered, unless otherwise noted in the catalogue description or condition report, in good condition. The definition of “good” when used in reference to condition, describes an object as having had no major damage or repair but as with the nature of the material, may show minor surface wear, discolouration etc., which indicates the acceptable wear that the piece may acquire with age. If you are particular about minor flaws, you should have our staff answer any questions before bidding. Sizes are approximate. Frames on artwork are not included as part of purchase or condition. It is the sole responsibility of the bidder to inquire as to the condition of a lot before bidding. Condition reports are available upon request by phone, or email. You are advised to make any requests well in advance of the sale.
The Auctioneers will not undertake packing or shipping. If you are the successful bidder, you will be contacted to discuss shipping methods, details and costs. The purchaser must designate and arrange for the services of an independent shipper and be responsible for all shipping and insurance expenses.
Art House Atelier is pleased to assist clients in arranging for the shipment of their artwork from artists studios or galleries. However, it is the responsibility of the Successful Bidder to make these arrangements in full, including the packing, insuring and actual shipment of the Property. The Auctioneers will, upon request, provide names of professional packers and shippers but will not be held responsible for the service or have any liability for providing this information. Reliable pre-auction estimates of shipping costs of lots offered in this sale may be obtained by contacting Art House Atelier directly. Assistance provided by Art House Atelier in this regard is provided as a service and Art House Atelier carries absolutely no liability through this courtesy. Art House Atelier carries absolutely no liability to possible damage of framing (including glass) during shipment arranged by Art House Atelier or otherwise.
CONDITIONS OF SALE FOR ALL FINE ART AUCTIONS
1. Each lot sold is subject to a 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 Ontario Retail Sales Tax and Federal Goods and Services Tax on the total purchase price including the buyer's premium.
3. The auctioneer reserves the right to withdraw any lot from sale at any time, to divide any lot or to combine any two or more lots at his sole discretion, all without notice.
4. The auctioneer has the right to refuse any bid and to advance the bidding at his 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. Each Bidder must register with Art House Atelier, agreeing to the Terms and Conditions of Sale. Registered Bidders represent that they are bidding on their own behalf and are responsible for those lots in which they are the successful high bidder (becoming the Successful Buyer). In the event that a registered Bidder is representing another party, Art House Atelier must be contacted regarding this arrangement at least twenty four hours prior to the opening of bidding for a particular auction and Art House Atelier reserves the right to refuse this arrangement for any reason whatsoever. Failure to abide by this provision shall entitle Art House Atelier to deem the Bidder as bidding on its own behalf.
7. The highest bidder accepted by the auctioneer for any lot shall be the buyer and such buyer shall forthwith 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 auctioneer shall have the absolute discretion to designate the buyer or, at his 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.
8. Immediately after the purchase of a lot, the buyer’s credit card on file shall be charged 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.
9. 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, in his sole discretion, may cancel the sale. The buyer shall not become the owner of the lot until paid for in full.
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 on line and/or announced via email prior to the time of sale. While the auctioneer has endeavored not to mislead in the description issued, and the utmost care is taken to ensure the correct cataloguing of each item, such descriptions are purely statements of opinion and are not intended to constitute a representation to the prospective purchasers and no warranty of the correctness of such description is made. Some lots are of an age and/or nature which preclude their being in pristine condition and some catalogue descriptions make reference to damage and/or restoration. The lack of such a reference does not imply that a lot is free from defects nor does any reference to certain defects imply the absence of others. 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 electronic transfer (fee applies), and VISA or Mastercard (up to $20,000).
12. 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, agents or contractors, in packing or removal shall be rendered as a courtesy and without any liability to them.
13. 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).
14. 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.