Terms and Conditions of Sale
Lando Art Auctions or LA refer, for all purposes relating to this auction, to Lando Art Auctions, a division of Lando Group Inc., Alberta Auction License No. 312001.
Lot - Any items delivered by the Consignor to LA to be placed in the auction sale held by LA, specifically those items described by Lot number in the LA catalogue for the auction sale.
Reserve - The confidential minimum price established between LA and the Consignor.
Knocked Down - The conclusion of the auction sale of the Lot being auctioned by the Auctioneer.
Hammer Price - The price at which the Auctioneer Knocked Down the Lot to the Purchaser.
Bidding - If your bid is successful at the auction, your bidder number will be called out by the Auctioneer.
Purchaser - The person, corporation or other entity or such entity's agent, who bids successfully on the Lot at the auction.
Purchase Price - The Hammer Price plus any Buyer’s Premium and applicable GST/HST chargeable and expenses, including any charges and expenses due from a defaulting Purchaser, as set out in this Agreement.
Buyer's Premium Rate -The LA rate of Buyer’s Premium is 17% (15% for Cash, certifiable Cheque, Interac Debit or Interac e-Transfer) of the Hammer Price of each Lot.
Goods and Services Tax/Harmonized Sales Tax - GST/HST, levied pursuant to the Excise Tax Act, RSC. 1985, and the regulations thereunder, as amended from time to time. Applicable GST/HST is payable on all LA transactions.
1. Lando Art Auctions - Lando Art Auctions acts solely as agent for the Consignor, except as otherwise provided herein.
2. The Purchaser - Unless otherwise announced by the Auctioneer, all bids are per Lot as numbered in the catalogue. The highest bidder (all bidding methods) acknowledged by the Auctioneer will be the Purchaser. In the event of a dispute between bidders, or in the event of doubt on our part as to the validity of any bid, the Auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the Lot in dispute. If any dispute arises after the auction sale, LA’s Sales Record is final. The Auctioneer shall have the right to regulate and control the bidding and to advance the bids in whatever intervals she considers appropriate for the Lot in question. The Purchaser acknowledges that invoices generated during the auction sale or shortly after may not be error free, and therefore, are subject to review. Every bidder shall register for the auction and provide appropriate identification to LA. Successful bidders must show their bidder number at time of payment.
3. Buyer's Premium - The Purchaser shall pay LA the Buyer’s Premium of 17% (15% for Cash, certifiable Cheque, Interac Debit or Interac e-Transfer) of the Hammer Price of each Lot together with applicable GST/HST.
4. Payment of the Purchase Price - The Purchaser shall pay LA the Purchase Price in full no later than two days after the auction sale. Payment shall be made by Cash, certifiable Cheque, Interac Debit or Interac e-Transfer, Visa, Mastercard and American Express unless otherwise arranged in advance with the Auctioneer. Subject to the provisions of this Agreement, the title to a Lot shall not pass to the Purchaser until they have paid the Purchase Price in full to LA.
5. Description of Lot - All representations or statements made by LA, in the catalogue or other publication or report, as to the authorship, origin, date, age, size, medium, attribution, genuineness, provenance, condition or estimated selling price of the Lot, is a statement of opinion only. The Purchaser agrees that LA shall not be liable for any errors or omissions in the catalogue or any supplementary material produced by LA. All photographic representations and other images presented are solely for guidance and are not to be relied upon in terms of tone or colour or necessarily to reveal any imperfections in the Lot. Many Lots are of an age or nature which precludes their being in pristine condition. Some descriptions in the catalogue or given by way of condition report make reference to damage and/or restoration. Such information is given for guidance only and the absence of such a reference does not imply that a Lot is free from defects, nor does any reference to particular defects imply the absence of others. Although LA takes great care and diligence in cataloging of Lots offered for auction all Lots are sold “as is, where is” and LA makes no warranties or representations as to the correctness of the catalogue entry or other descriptions contained therein, of the physical condition, size, authenticity or quality. Prospective bidders should inspect the Lot before bidding to determine the condition, size and whether the purchaser acquires any reproductive rights in the Lot. The Purchaser must satisfy himself as to the matters referred to in this paragraph by inspection or otherwise prior to the sale of the Lot.
6. Purchased Lot - Prior to any Lot being removed from the premises of LA the successful Bidder shall pay LA the full Purchase Price. The Purchaser shall collect the Lot from LA within two (2) days from the date of the auction sale, after which date the Purchaser shall be responsible for all storage charges until the date the Lot is removed from LA. All assistance handling purchased Lots by LA, or the employees of, is undertaken solely as a service to the Purchaser and will only be undertaken at the discretion of LA and at the Purchaser’s risk. All currency figures are in Canadian dollars.
7. Risk - The purchased Lot shall be at the Purchaser’s risk in all respects from the time of payment or on completion of the auction sale, whichever is earlier. Neither LA nor its employees nor its agents shall be liable for any loss or damage of any kind to the purchased Lot, whether caused by negligence or otherwise, while any Lot is in or under the respective custody or control of LA.
8. Nonpayment of Lot(s) - If the Purchaser fails to pay for any Lot within two (2) days from the date of the auction sale, LA may in its absolute discretion be entitled to one or more of the following remedies without providing further notice to the Purchaser and without prejudice to any other rights or remedies that LA may have: 1.) Issue judicial proceedings against the Purchaser for damages for breach of contract together with the costs of such proceedings on a full indemnity basis; 2.) Resell any of the Lots affected and in such case the original Purchaser shall be responsible to LA for any deficiency in price between the resale amount and the amount to have been paid by the original Purchaser; 3.) Any reasonable charge by LA for the storage of such articles until payment and removal by the subsequent Purchaser; and, 4.) The amount of commission which LA would have earned had payment been made in full by the original Purchaser.
9. Storage - All Lots, unless already agreed by LA, must be removed from our premises by the Purchaser at their expense no later than two (2) days following the date of the auction sale and if not removed, a storage charge of $25 per Lot, per day, until removal of the Lot will be payable at the time of removal to LA by the Purchaser. If after thirty (30) days no arrangements with LA have been made by the Purchaser the Lots will be considered abandoned and may be sold as determined solely by LA in order to settle outstanding charges.
10. Attendance by Purchaser - Prospective Purchasers are strongly advised to inspect the Lots before the auction sale and to satisfy themselves as to the description, attribution and condition of each Lot. To this end LA will arrange suitable viewing conditions during the Preview prior to the auction sale itself, or by appointment. Prospective Purchasers are also advised to attend the auction sale in person however, if the prospective Purchaser is unable to attend, LA will facilitate online bidding via http://landoauctions.hibid.com or will execute bids on their behalf provided that notice of such bids are set out on the proper Absentee Bidding/Telephone Bidding Form provided by LA. LA intends this as a service, free of charge, to prospective Purchasers but accepts no responsibility whatsoever, or liability, in the making of any such bid by its employees or agents. In the event that LA has received more than one Absentee Bidding/Telephone Bidding Form on a Lot for an identical amount and at auction those absentee bids are the highest bids for that Lot, the Lot shall be Knocked Down to the bidder whose Absentee Bidding/Telephone Bidding Form was received first.
11. Export Permits - Without limitation the Purchaser understands that any Lot purchased may be affected by the provisions of the Canadian Cultural Property Export and Import Act.
12. Removal of Purchased Lots - It is the responsibility of the Purchaser to make all arrangements for insuring, packing and removing Lots purchased and any assistance by LA or the employees of, agents or contractors shall be rendered as a courtesy and without liability to them. LA shall not be liable for any damage to glass or frames of the Lot and shall not be liable for any errors or omissions or damage caused by packers and shippers, notwithstanding the fact that LA may have recommended such packers or shippers to the Purchaser. All packing, handling and shipping charges will be at the Purchaser's expense.
1. LA has the right to withdraw any Lot before the moment of sale..
2. The Auctioneer has the right to refuse admission to the auction or refuse to recognize any or all bids from a particular person or persons at any auction..
3. LA has the right as its absolute discretion to refuse any bid, to advance the bidding as it may decide, to withdraw or divide any Lot, to combine any two or more Lots and, in the case of dispute, to put up any Lot for auction again..
4. Persons attending the preview, auction sale or during removal of goods, assume all risks to person and property and specifically release LA from liability. LA shall not be held liable by reason of any defect in, or condition of the premises on which the auction sale is being held..
5. Any indemnity here under shall extend to all actions, proceedings, costs, claims and demands whatsoever incurred or suffered by the person for whose benefit the indemnity is given; and LA shall hold any indemnity on trust for its employees and agents where it is expressed to be for their benefit.
6. The copyright for all images and written matter relating to the Lots shall be and will remain at all times the absolute property of LA and shall not, without the prior written consent of LA, be used by any other person..
7. This Agreement shall be governed by and construed in accordance with Alberta Law and the Federal Laws of Canada applicable therein and all parties concerned hereby submit to the exclusive jurisdiction of the Alberta Courts.