Standard Terms and Conditions of Auction – BONA – IAG
1. Commission Payable by the Sellers:
We shall charge the seller’s commission for each sold lot at a percentage of that lot’s hammer price at a flat rate of 18% of the Lot’s Hammer Price, and shall not charge any additional fee, save as provided under these terms and conditions. Further, we shall not charge any fee for unsuccessful bid items.
2. Commission Payable by the Buyer:
We will charge the buyer’s commission for each sold lot at a percentage of that lot’s hammer price at a flat rate of 20% of the Lot’s Hammer Price. In addition, the buyer shall also have to pay the sale tax GST (5%) and PST (7%)of British Columbia at the aggregate rate of 12% of the hammer price if residing at British Columbia, and GST (5%) only if residing in another province, and no tax if residing outside Canada.
3. Physical Loss or Damages Liability:
a) Before the auction we will not pay more than the reserved price of the Lots.
b) After the auction, we will not pay more than the hammer price if the Lot is sold or the reserved price if the Lot is unsold.
4. Collection of Auctioned items:
a) Buyers shall collect the auctioned items purchased by them at auction as soon as possible at our designated place for collection of them against payable of purchase price; and which shall not exceed three business days from the date of auction.
b) Sellers shall collect the unsold auctioned items within one week from the date of auction at such place and time as may be advised by us.
5. General Authenticity Guarantee:
None of the items in our catalogue are subject to any guarantee of authenticity and in all such properties are sold as is in accordance with the normal conditions of business. All the estimated value of the items are reference only. The Buyers should take independent professional advice on the authenticity of any such items and make independent assessments before entering a bid. Notwithstanding the above, if we sells an item which does not match with our correct description of the said items in the catalogue and render it not compatible with the realized value of the item, the buyer shall have a 30 days after the auction date’s guaranteed period for the refund of the purchase price in full as stipulated under clause 6 hereof. The Buyer acknowledges that he has made prior independent authentication and confirms that the item purchased is an original art piece. In order to protect the rights of all parties, if we discover that the item was not the same as one sold at auction, then the buyer shall not be entitled to enforce this clause for the return of the purchase price. The buyer must fulfill his obligations for full payment of purchase price and incidental charges before he can raise any requisition and be protected by the 30 days guaranteed period under clause 6 hereof.
6. Guaranteed period:
We provide a period of 30 days from the date of auction for guaranteeing the quality of our auctioned items in accordance with the description of the said items in our auction catalogue. Buyer may have a refund of the full purchase price, commission and tax; providing that he must provide compelling evidence showing that there is a blatant misstatement and misrepresentation of the said item to render it not compatible with what is agreed to be purchased. If the guaranteed period shall have expired with no such proof, we shall release the purchase price to the seller in accordance with our auction terms and conditions. Notwithstanding the above, if there is specification in the auction catalogue that certain auction items are to be sold on an “as-is” basis and the 30 days guarantee period shall not apply, then they shall not be subjected to the 30 days guarantee period hereof.
7. There shall be a period of several days for a preview of the items appearing in the catalogue to enable the interested buyers to have full and extensive examination on the auctioned items before the date of the auction.
8. Payment of Proceeds:
All proceeds shall be placed in an independent trust account and we shall endeavour to pay out within five business days after 30 days to the seller, in accordance with the agreement with the seller subject to clause 6 above. All payment shall be made only to the Seller’s registered account as consignor of the items and no other person.
9. Other terms and Conditions:
We follow the usual trade practice, and conditions of sale adopted by the major international auction houses; in so far as they apply to our situation and circumstance.
10. Deposit for bidding at auction sessions:
We require a prepaid deposit sum of $1000 to be placed by each bidder (including local, oversea or online bidders) in our account for registration and participation in the bidding of the auctioned items at each independent session of the auction. The sum will be returned to the holder as soon as possible after the conclusion of the auction session. If we accept the proof of identity and credit of the bidder, we may waive the payment of said deposit.
11. We shall arrange for and shall only be responsible for local collection of sold items. If a buyer needs to import the purchased items to oversea, we shall offer assistance but would not guarantee the delivery of items to their destinations. There is also no guarantee that the sold items would meet with the laws and regulations of the designated countries. Buyers are expected to perform it’s own due diligence on those laws and regulations.
12. Further Enquiries:
For further enquiries of the auction terms and conditions and/or on the auctioned items, please contact us at:
Tel: 778-883-0698 (BONA) or 604-230-1529 (IAG)
Email address: Info@iagbc.com
Website: www.bonaiag.com
www.iagbc.com
Conditions of Sale
These Conditions of Sale and the Important Notices contain all the terms on which BONA/IAG and the seller contract with the buyer. They may be amended by posted notices or oral announcements made during the sale. By bidding at auction the bidder agrees to be bound by these terms.
BONA/IAG AS AGENT
Except as otherwise stated BONA/IAG acts as agent for the seller. The contract for the sale of the property is therefore made between the seller and the buyer.
BEFORE THE SALE
(a)Examination of property
Prospective buyers are strongly advised to examine personally any property in which they are interested before the auction takes place. Neither BONA/IAG nor the seller provides any guarantee in relation to the nature of the property. The property is otherwise sold “as is”
(b)Catalogue and other descriptions
All statements by us 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. Such statements do not constitute a representation, warranty or assumption of liability by us of any kind. References in the catalogue entry to damage or restoration are for guidance only and should be evaluated by personal inspection by the bidder or a knowledgeable representative. The absence of such a reference does not imply that an item is free from defects or restoration, nor does a reference to particular defects imply the absence of any others. Estimates of the selling price are for reference only and 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. Neither BONA/IAG nor the seller is responsible in any way for errors and omissions in the catalogue, or any supplemental material.
(c)Buyer’s responsibility
All property is sold “as is” without any representation or warranty of any kind by BONA/IAG’s or the teller. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue entry.
AT THE SALE
(a)Refusal of admission
BONA/IAG has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid.
(b)Registration before bidding
Unless agreed by BONA/IAG, prospective buyer must complete and sign a registration form and provide identification and pay a deposit of C$1,000 for each session of auction before bidding. We may require the production of bank or other financial references. The buyer is required to pay a deposit of one thousand for each session of auction and the deposit will returned to the buyer after the auction session is completed upon returning the bidding card to us.
(c)Bidding as principal
When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer’s premium and all applicable taxes, plus all other applicable charges unless it has been explicitly agreed in writing with BONA/IAG before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to BONA/IAG, and that BONA/IAG will only look to the principal for payment.
(d)Absentee bids
We will use reasonable efforts to carry out written bids delivered to us prior to the sale for the convenience of clients who are not present at the auction in person, by an agent or by telephone. Bids must be placed in the currency of the place of the sale. If we receive a written bid on a particular lot for identical amounts, and at the auction these are the highest bids on the lot, it will be sold to the person whose written bid was received and accepted first. Execution of written bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written bid or for errors and omissions in connection with it.
(e)Telephone bids
If a prospective buyer makes arrangements with us prior to the commencement of the sale, we will use reasonable efforts to contact them to enable them to participate in the bidding by telephone but we do not accept liability for failure to do so or for errors and omissions in connection with telephone bidding.
(f) Video digital image
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 we do not accept liability for such errors.
(g)Reserves
Unless otherwise indicated, all lots offered may be subject to a reserve, which is the confidential minimum price below which the lot will not be sold, the auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders.With respect to lots that are offered without reserve, unless there are already competing bids, the auctioneer, in his or her discretion,may set a bid at any level, the auctioneer will proceed backwards in his or her discretion until a bid is recognised, and then continue up from that amount.
(h) Auctioneer’s discretion
The auctioneer has the right at his absolute and sole discretion to refuse any lot, to combine any two or more lotsand, in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re offer and resell the item in dispute, If any dispute arises after the sale, our sale record is conclusive
(i) Successful bid and passing of risk
Subject to the auctioneer’s discretion, the highest bidder accepted by the auctioneer will be the buyer and thestriking of his hammer marks the acceptance of the highest bid and the conclusion of a contract for sale betweenthe seller and the buyer. Risk and responsibility for the lot, but not its title passes to the buyer until after collection and full payment by the buyer.
AFTER THE SALE
(a)Buyer’s premium
In addition to the hammer price, the buyer agrees to pay us the buyer’s premium together with any applicabletax and charges.
(b)Payment and passing of title
Immediately following 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 buyer must pay the full amount due (comprising the hammer price, buyer’s premium and any applicable taxes) not later than 4:30pm on the Third business day following the sale. This applies even if the buyer wishes to export the lot and an export license is,or may be, required. The buyer will not acquire title to the lot until all amounts due from the buyer to BONA/IAG have been received in good cleared funds even in circumstances where we have released the lot to the buyer.
(c)Collection of purchases
We shall be entitled to retain items sold until all amounts due to BONA/IAG have been received in full in good cleared funds or until the buyer has satisfied such other terms as we, in our sole discretion, shall require.
Subject to this, the buyer shall collect purchased lots within three business days from the date of the sale unless otherwise agreed between us and the buyer. Otherwise we shall arrange storage at the buyer’s expense at C$20 per lot per day.
(d)Packing, handling
Although we shall use reasonable efforts to take care when handing, packing a purchased lot, we are not responsible for the acts or omissions of third parties whom we might retain for these purposes. Similarly, where we may suggest other handlers, packers if so requested, we do not accept responsibility or liability for their acts or omissions.
(e) Export license
Unless otherwise agreed by us in writing, the fact that the buyer wishes to apply for an export license does not affect his or her obligation to make payment within three business days nor our right to charge interest or storage charges on late payment. If the buyer requests us to apply for an export license on his or her behalf, we shall be entitled to make a charge for this service. We shall not be obliged to rescind a sale nor to refund any interest or other expenses incurred by the buyer where payment is made by the buyer in circumstances where an export license is required.
(f)Remedies for non payment
If the buyer fails to make payment in full in good cleared funds within the time required by paragraph (b) above, we shall be entitled in our absolute discretion to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available to us by law):
(i)to charge interest at such rate as we shall reasonably decide;
(ii)to hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recoverytogether with interest, legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law;
(iii)to cancel the sale;
(iv) to resell the property publicly or privately on such terms as we shall think fit;
(v) to pay the seller an amount up to the net proceeds payable in respect of the Amount bid by the defaulting buyer;
(vi)where several amounts are owed by the buyer to us, in respect of different transaction, to apply any amount paid to discharge any amount owed in respect of any particular transaction, whether or not the buyer so directs;
(vii)to reject at any future auction any bids made by or on behalf of the buyer or to obtain a deposit from the buyer before accepting any bids;
(viii)to exercise all the rights and remedies of a person holding security over any property in our possession owned by the buyer, whether by way of pledge, security interest or in any other way, to the fullest extent permittedby the law of the place where such property is located. The buyer will be deemed to have granted such security to us and we may retain such property as collateral security for such buyer’s obligations to us;
(ix)to take such other action as we deem necessary or appropriate
If we resell the property under paragraph (iv) above, the defaulting buyer shall be liable for payment of any deficiency between the total amount originally due to us and the price obtained upon resale as well as for all costs, expense, damages, legal fees and commissions and premiums of whatever kind associated with both sales or otherwise arising from the default.
(g)Failure to collect purchases
Where purchases are not collected within three business days from the date of sale, whether or not payment have been made,we shall be permitted to arrange storage at the buyer’s expense at C$20 per lot per day and only release the itemsafter payment in full has been made of removal, storage, handling, insurance and any other cost incurred, together with payment of all other amounts due to us.
PAYMENT FROM BUYER
All payments made in connection with this auction including deposits, purchase price, commissions and premiums taxes and other payment associated with these transactions are to be made payment to the below independent and designated bank account of us relating to this auction for handling.
Name of Bank: TD Canada Trust
Name of Account Holder: IAG Antiques and Collectables Ltd
Account Number: 44-5240623
Email of Account Holder: johnchan@iagbc.com
Phone Number of Account Holder: 604-230-1529
EXTENT OF BONA/IAG’S LIABILITY
Neither the seller nor we, nor any of our officers, employees or agents, are responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind whatever is excluded by this paragraph.
COPYRIGHT
The copyright in all images, illustrations and written material produced by or for BONA/IAG’s relating to a lot including the contents of this catalogue, is and shall remain at all times the property of BONA/IAG and shall not be used by the buyer, nor by anyone else, without our prior written consent. BONA/IAG and the seller make no representation or warranty that the buyer of a property will acquire any copyright or other reproduction rights in it.
SEVERABILITY
If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.
LAW AND JURISDICTION
The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the Laws of Canada. By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer shall bedeemed to have accepted these Conditions and submitted, for the benefit of BONA/IAG, to the exclusive jurisdiction of the Courts of British Columbia.