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Terms and Conditions
By bidding at the auction, whether in person, through an agent, by written bid, by telephone, online or other means, bidders and buyers agree to be bound by these Conditions of Sale.
All lots are sold "AS IS" and without recourse and neither Kilshaw's Auctioneers nor its consignor makes any warranties or representations, express or implied, with respect to such lots. Prospective buyers are strongly advised to examine personally any property in which they are interested, before the auction takes place, to determine its condition, size, and whether or not it has been repaired or restored. The knowledge of Kilshaw's Auctioneers in relation to each lot is partially dependent on information provided to us by the seller, and Kilshaw's is not able to and does not carry out exhaustive due diligence on each lot. Prospective buyers acknowledge this fact and accept responsibility for carrying out inspections and investigations to satisfy themselves as to the lots in which they may be interested.
Neither Kilshaw's Auctioneers nor its consignor makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging; nor does a reference to particular defects imply the absence of others. Prospective bidders acknowledge that many lots are of an age and type which means they are not in perfect condition. References in the catalogue entry or the condition report to damage or restoration are for guidance only and should be evaluated by personal inspection by the bidder or a knowledgeable representative. As a courtesy to clients, Kilshaw's may prepare and provide condition reports to assist prospective buyers when they are inspecting lots. Catalogue descriptions and condition reports may make reference to particular imperfections of a lot, but bidders should note that lots may have other faults not expressly referred to in the catalogue or condition report. All dimensions are approximate. Illustrations are for identification purposes only and cannot be used as precise indications of size or to convey full information as to the actual conditions of lots. Due to their delicate nature, all time pieces, cameras, scientific and optical instruments are sold as not working regardless of whether they are functioning. Electrical or other lots described to be in working order should be tested by the buyer before the lot leaves the salesrooms.
No statement, whether written or oral, and whether made in this catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. All statements by Kilshaw's Auctioneers in the catalogue entry for the property or in the condition report, or made orally or in writing elsewhere, are statements of opinion and are not to be relied on as statements of fact. Neither Kilshaw's Auctioneers nor the seller is responsible in any way for errors or omissions in the catalogue or any supplemental material. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue entry.
Kilshaw's Auctioneers and its consignor make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Kilshaw's Auctioneers expressly reserves the right to reproduce any image of the lots sold in this catalogue. The copyright in all images, illustrations and written material produced by or for Kilshaw's Auctioneers relating to a lot, including the contents of this catalogue, is, and shall remain at all times, the property of Kilshaw's Auctioneers and shall not be used by the buyer, nor by anyone else, without our prior written consent.
Kilshaw's Auctioneers reserves the right to withdraw any lot at any time prior to the commencement of bidding for such lot and shall have no liability whatsoever for such withdrawal.
If the auctioneer decides that any opening bid is below the value of the lot offered, the auctioneer may reject that bid and withdraw the lot from sale; and if, having acknowledged an opening bid, he decides that any advance thereafter is insufficient, he may reject that advance. Any lot offered may be subject to a reserve, which is the confidential minimum price below which such lot will not be sold. No reserve will exceed the low estimate of the lot. Reserves are agreed upon with the consignor or, in the absence thereof, in the absolute discretion of Kilshaw's Auctioneers.
Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalogue.
The auctioneer may implement the reserve by opening bidding on any lot by placing a bid on behalf of the seller. The auctioneer will not specifically identify bids placed on behalf of the seller. The auctioneer may further bid on behalf of the seller, up to the amount of the reserve, by placing successive or consecutive bids for a lot or by placing bids in response to other bidders. Unless otherwise noted in the catalogue or by an announcement at the auction, Kilshaw's Auctioneers acts as agent on behalf of the seller and does not permit the seller to bid on his or her own property.
Each lot in the catalogue is given a low and high estimate representing that range which, in the opinion of Kilshaw's Auctioneers, represents a fair and probable auction value. When possible, the estimate is based on previous auction records of comparable property, condition, rarity, quality and provenance. The estimates are often determined several months before a sale and are therefore subject to change upon further research of the property, or to reflect market conditions or currency fluctuations. Estimates are subject to revision. Actual prices realized for items can fall below or above this range. An estimate of the selling price should not be relied on as a statement that this is the price at which the item will sell or its value for any other purpose.
Kilshaw's Auctioneers reserves the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid, as well as the right to refuse to acknowledge any bidder. The highest bidder acknowledged by the auctioneer will be the purchaser. The auctioneer has the right at their absolute and sole discretion to advance the bidding in such a manner as he may decide, to withdraw or divide any lot, and to combine any two or more lots. In the event of error or dispute between bidders, or in the event of doubt on our part as to the validity of any bid, whether during or after the sale, the auctioneer has final discretion to determine the successful bidder, to continue the bidding, to cancel the sale, or to reoffer and resell the lot in dispute. If any dispute arises after the sale, the Kilshaw's Auctioneers sale record shall be conclusive.
Title passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder, subject to the conditions of sale set forth herein. Such bidder thereupon assumes full risk and responsibility therefore (including, without limitation, liability for or damage to frames and glass covering prints, paintings or other works). Although in our discretion we will execute orders or absentee bids or accept telephone bids as a convenience to clients who are not present at auctions, we are not responsible for any errors or omissions in connection therewith.
When making a bid, a bidder is accepting personal liability to pay the purchase price as follows, unless it has been explicitly agreed in writing with Kilshaw's Auctioneers before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Kilshaw's Auctioneers, and that Kilshaw's Auctioneers will look only to the principal for payment:
The total purchase price to be paid by purchaser is the amount of the successful bid price plus a premium of 25% and any applicable taxes. Payment shall be made as follows:
Prior to the sale, the buyer must provide us with his or her name and permanent address and, if so requested, details of the bank from which payment will be made.
The purchase price, including Buyer's Premium and taxes, will be paid for and picked up at Kilshaw's Auctioneers within 48 hours after the auction. Such payment shall be made in Canadian dollars by certified cheque, wire transfer, Visa or Mastercard, unless other arrangements are made with Kilshaw's Auctioneers. The buyer will not acquire title to the lot until we have received all amounts due to us from the buyer in good cleared funds even in circumstances where we have released the lot to the buyer.
At some auctions there may be a video or digital screen. Errors may occur in its operation and in the quality of the image, and Kilshaw's Auctioneers does not accept liability for such errors.
REMEDIES AVAILABLE TO KILSHAW'S AUCTIONEERS
In addition to the other remedies available to us by law, we reserve the right to impose a late charge of 1 1/2% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. All property must be removed from our premises by the purchaser at their expense not later than (2) business days following its sale and, if it is not removed, Kilshaw's Auctioneers reserves the right to charge a minimum storage fee of $5 per lot per day or to deliver the property to a public warehouse for storage at the purchaser's expense, to be released only after payment in full of all removal, storage, handling, insurance and any other costs incurred, together with payment of all other amounts due to us. Kilshaw's Auctioneers shall have no liability for any damage to property left on its premises for more than (2) days following the sale.
If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor by law, including without limitation the right to hold the purchaser liable for the total purchase price, including all fees, charges and expenses more fully set forth herein, we shall be entitled in our absolute discretion to exercise one or more of the following rights or remedies:
a) To charge interest at such rate as we shall reasonably select;
b) To hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law;
c) Cancel the sale of that, or any other lot or lots sold to the defaulting purchaser at the same or any other auction, retaining as liquidated damages all payments made by the purchaser;
d) Resell the property whether at private sale or public auction without reserve, and the purchaser will be liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages;
e) To set off the outstanding amount remaining unpaid by the buyer against any amounts which we may owe the buyer in any other transactions;
f) Where several amounts are owed by the buyer to us, in respect of different transactions, to apply any amount paid to discharge any amount owed in respect of any particular transaction, whether or not the buyer so directs;
g) To reject at any future auction any bids made by or on behalf of the buyer or to require a deposit from the buyer before accepting any bids;
h) To take such other actions as we deem necessary or appropriate; or
i) To effect any combination thereof.
In addition, a defaulting purchaser will be deemed to have granted and assigned to us a continuing security interest of first priority in, and we may retain as collateral security for such purchaser's obligations to us, any property or money of or owing to such purchaser in our possession. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier's checks, we have confirmed their authenticity. In the event the purchaser fails to pay any or all of the total purchase price for any lot and Kilshaw's Auctioneers nonetheless elects to pay the consignor any portion of the sale proceeds, the purchaser acknowledges that Kilshaw's Auctioneers shall have all of the rights of the consignor to pursue the purchaser for any amounts paid to the consignor, whether at law, in equity, or under these Conditions of Sale.
If for any cause a purchased lot cannot be delivered in as good condition as at the time of sale, or should any purchased lot be stolen or mis-delivered or lost prior to delivery, Kilshaw's Auctioneers shall not be liable for any amount in excess of that paid by the purchaser. We are not responsible for the acts or omissions of carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots by us is at the entire risk of the purchaser and Kilshaw's Auctioneers will have no liability for any loss or damage to such items.
KILSHAW'S AUCTIONEERS EMPLOYEES
Employees of Kilshaw's Auctioneers are not prohibited from bidding on property. In the course of their employment it is possible that they may have access to information not available to the public.
Kilshaw's Auctioneers on occasion makes loans or advances funds to consignors.
WAIVER OF CONDITIONS
Any and all of these conditions may be waived or modified in the sole discretion of Kilshaw's Auctioneers. The Conditions of Sale, the glossary, if any, and all other contents of this catalogue are subject to amendment by us by oral announcements made during the sale. Salesroom notices amend the catalogue description of a lot after our catalogue has gone to press. They are posted in the viewing galleries and salesroom or are announced by the auctioneer. Please take note of them.
All measurements and weight are approximate. Kilshaw's Auctioneers is not responsible for damage of glass covering paintings, drawings and other works or frames regardless of cause.
If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, the balance of the conditions shall continue to be valid to the fullest extent permitted by law.
Absentee vids must be placed in Canadian Dollars. The bidder must clearly indicate the maximum amount he or she intends to bid, excluding the buyer's premium and any applicable sale or use taxes. Our staff will attempt to execute an absentee bid at the lowest possible price taking into account the reserve and other bidders. In the event of identical bids, the floor or phone bid will take precedence. The bidding increment available to on line bidders may vary from the next bid actually taken by the auctioneer, as the auctioneer may deviate from Kilshaw's standard bid increments at any time at his or her discretion, but an online bidder may only place a bid a whole bidding increment. The auctioneer will commence and advance bidding at levels and in increments he or she considers appropriate. In order to protect the reserve on any lot, the auctioneer may place one or more bids on behalf of the seller up to the reserve and without indicating he or she is doing so, either by placing consecutive bids or bids in response to other bidders.
Telephone bidding is available for lots whose low pre-sale estimate is at least $1,000. Kilshaw's reserves the right to require written confirmation from a successful bid from a telephone bidder by email or otherwise after such bid is accepted by the auctioneer.
Arranging absentee, telephone or on-line bids is a service provided by Kilshaw's to prospective buyers. While we undertake to exercise reasonable care in undertaking such activity, we cannot accept liability for failure to execute such bids.
If a lot is offered without reserve, the auctioneer will generally open bidding at 50% of the lot's low pre-sale estimate. In the absence of a bid at that level, the auctioneer will proceed backwards at his or her discretion until a bid is recognized and will then advance the bidding from that amount. If there is no bid whatsoever, the auctioneer may deem such lot unsold.
Before bidding for any property, prospective buyers are advised to make their own inquiries as to whether a license is required to export a lot from Canada or to import it into another country. Prospective buyers are advised that some countries prohibit the import of property incorporating plant or animal material such as coral, crocodile, ivory or whalebone. It is solely the buyer's responsibility to comply with these laws and to obtain any necessary export, import and endangered species licenses or permits. Failure to obtain a license or permit or delay in doing so will not justify the cancellation of the sale or any delay in making full payment for the lot.
If the point of delivery or transfer of possession for any purchased lot to the buyer of the buyer's designee occurs in British Columbia, then the sale is subject to Provincial Sales Tax of 7%. If the transfer of possession occurs anywhere within Canada, the lot is subject to Federal Goods and Services Tax of 5%.
There is no warranty or adjustment for any items after it has left salesrooms.
Kilshaw's Auctioneers will not release a lot to the buyer or their agents until we have received payment in full and the buyer has satisfied other terms as we in our sole discretion shall require. We do not provide packing, handling, insurance or shipping services. We will coordinate with shipping agents instructed by the buyer, whether or not recommended by Kilshaw's, in order to facilitate the packing, handling, insurance and shipping of property bought at Kilshaw's. Any such instruction is entirely at the buyer's risk and responsibility, and we will not be liable for acts or omissions of third party packers or shippers. We recommend The UPS Store at 185-911 Yates Street, Victoria, BC. Any inquiries as to shipping costs should be directed to The UPS Store, Harris Green 250-380-7023 or [email protected]