Terms and Conditions of Sale by Auction

1)  Gardner Galleries exercises reasonable care to catalogue and correctly describe the lots to be sold, but does not warrant the correctness of description, genuineness, authenticity or condition of said property. All statements contained as to the authorship, origin, age, date, attribution, provenance or conditions of any lot is a statement of opinion and is not to be relied upon as a statement or representation of fact.

2)  All lots are sold with all faults and inspection is recommended.

3)  Bids are to be per lot as numbered unless otherwise announced by the auctioneer at the time of sale.

4)  The highest bidder accepted by the auctioneer shall be the buyer but in the event of any dispute between bidders the auctioneer may, at his discretion, determine who is the successful bidder and his decision shall be final or the auctioneer may re-offer the lot in question.

5)  Any bid, which is not commensurate with the value of the article offered or is merely a nominal or fractional advance over the previous bid, may be rejected by the auctioneer if he determines that the bid may negatively affect the sale of the article.

6)  Unless the sale is advertised and announced as an unrestricted sale or auction without any reserves, bidding on behalf of the consignors may take place.

7)  Unless otherwise specified, title will pass to the highest bidder immediately after the auctioneer has declared a lot sold and thereafter the property is the purchaser's sole risk and responsibility.

8)  Articles sold and not paid for within 21 days may be turned over to a storage warehouse at the cost and risk of the purchaser. If the purchase price has not been paid in full the sale may be cancelled and any partial payment already made shall be forfeited as and for liquidated damages or the goods in question may be re-sold without notice to the buyer and he or she will be held responsible for any deficiency and costs and expenses.

9)  If for any cause whatsoever any article sold cannot be delivered, the sale will be cancelled and any amount paid on account will be returned to the purchaser in full satisfaction for all claims.

10)  Unless a dealer exemption form is tendered all purchasers will be required to pay all taxes and charges over and above the selling price.

11)  All sales are made for cash, certified cheque, debit, Visa, or MasterCard and the auctioneers reserve the right to retain purchases until such time payment has been made.

A BUYER’S PREMIUM OF 17% (2% DISCOUNT FOR CASH & DEBIT WITHIN 7 DAYS OF SALE DATE) WILL BE PAYABLE BY ALL BUYERS AS PART OF THE PURCHASE PRICE.