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 condition 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 on the website.

4)  The highest bidder accepted by the website (online auction), or auctioneer (live auction), shall be the purchaser.  In the event of any dispute between bidders, Gardner Galleries will determine who is the successful bidder and their decision shall be final.

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 they determine 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 website or auctioneer has declared a lot sold and thereafter the property is the purchaser's sole risk and responsibility.

8)  Successful bidders must have items paid in full and removed from our premises within 7 days (one week) after the closing date of an auction.  If the purchase price has not been paid and no prior arrangements have been made between Gardner Galleries and the purchaser, the sale will be cancelled, the goods in question may be re-sold or moved into a storage warehouse without notice and the purchaser's online account will be blocked from future bidding.  He or she will be held responsible for any deficiency, costs and expenses incurred. 

9)  If an article sold by Gardner Galleries is not available to the successful bidder at the time of collecting purchases, the sale will be cancelled and any amount paid will be returned to the purchaser.

10)  Unless claiming tax exemption, all purchasers will be required to pay the advertised buyer's premium and HST over and above the selling price.

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