Terms and Conditions

(Art and Antique Auctions)
Effective Date: April 1, 2025

1. Introduction

These Terms and Conditions (“Terms”) govern all participation in auctions organized by 16973715 Canada Inc. o/a Arthur’s Fine Art (“the Company”, “we”, “us”, or “our”).
By registering to bid, bidding, purchasing, or consigning property for auction, you (“you”, “Buyer”, “Bidder”, “Seller”, “Consignor”, or “Client”) agree to be legally bound by these Terms.

The Company acts solely as agent for the Seller (Consignor). All property is offered for sale subject to these Terms, the Consignment Agreement (for Sellers), and applicable law.
The Company relies entirely on representations made by Consignors regarding title and authenticity and makes no warranty or representation of Good Title, authenticity, attribution, condition, provenance, or copyright.

2. Registration and Bidding

  • All prospective Buyers must register before bidding, providing valid government-issued ID, full contact information, and any financial references requested.

  • The Company reserves the right to deny registration, require security deposits, and refuse or revoke bidding privileges at its sole discretion.

  • Bidders agree they are bidding on their own behalf unless specifically disclosed otherwise and accepted by the Company.

  • Online Bidders must register through approved third-party platforms (e.g., LiveAuctioneers) under separate terms.

3. Property Descriptions and Condition Reports

  • All property (the “Lots”) is sold strictly “as is” and “where is” without warranties or representations of any kind.

  • Descriptions, dimensions, estimates, provenance, and condition statements are statements of opinion only and shall not be relied upon as a statement of fact.

  • Photographs and online images may not accurately reflect condition; colors and appearance may vary.

  • Condition reports, if provided, are for convenience only and are not exhaustive or guaranteed.

  • Buyers are strongly encouraged to inspect Lots in person or through an agent before bidding.

4. Consignments and Consignment Receipts (CR)

  • Consignors will receive a Consignment Receipt confirming receipt of property, which together with a separate Consignment Agreement, governs the sale terms.

  • The Consignor warrants clear title, unrestricted right to sell, and full disclosure of any known issues affecting value or saleability.

  • The Company reserves the right to refuse property for consignment at its discretion.

5. Buyer’s Right of Rescission (Limited)

  • If a Lot expressly described by the Company as “authentic” is proven within 14 calendar days to be counterfeit by two independent qualified experts (approved by the Company), and the Lot is returned in the same condition, the Company may rescind the sale and refund the Purchase Price.

  • The Company is not liable for consequential losses arising from rescission or any misattributions.

  • The Buyer’s remedy is limited to rescission and refund only.

6. Auctioneer’s Discretion

  • The Company retains full discretion to:

    • Withdraw any Lot prior to or during auction,

    • Divide or combine Lots,

    • Reject bids, regulate bidding increments, or advance bids,

    • Reopen bidding in case of error or dispute,

    • Cancel a sale if the Company deems necessary.

7. Withdrawal of Property

  • The Company may withdraw property before or during an auction at its discretion without liability.

  • Consignors may not withdraw property once consigned without the Company’s written consent and payment of applicable withdrawal fees.

8. Purchase Price and Payment

  • The Purchase Price shall be:

    • Hammer Price,

    • Plus a Buyer’s Premium (22% for floor/absentee bidders; 27% for online bidders),

    • Plus applicable taxes (HST/GST),

    • Plus any other agreed charges (e.g., storage, shipping).

  • Payment is due in full within five (5) business days after the auction.

  • Accepted methods: wire transfer, bank draft, certified cheque, debit card, or credit card (limits apply).

  • Title does not pass, nor may property be collected, until cleared payment is received in full.

9. Taxes and Compliance

  • Buyers are responsible for all applicable HST, GST, import/export duties, and compliance with tax law.

  • Buyers claiming exemption must provide appropriate documentation before payment is made.

  • Buyers indemnify the Company against any claim arising from incorrectly claimed tax exemptions.

10. Collection, Delivery, and Storage

  • Buyers must collect purchased Lots within seven (7) calendar days of sale.

  • Storage fees may apply thereafter and risk remains with the Buyer.

  • The Company may assist in shipping arrangements but is not responsible for packing, handling, loss, or damage during shipping.

  • All expenses for shipping and insurance are the Buyer’s responsibility.

11. Risk of Loss

  • Risk of loss passes to the Buyer upon fall of the auctioneer’s hammer.

  • Property held thereafter is at the Buyer’s risk, whether at the Company’s premises or elsewhere.

12. Default and Remedies

If a Buyer fails to pay the Purchase Price or remove purchased Lots:

  • The Company may cancel the sale,

  • Resell the Lot at public or private auction,

  • Charge 2% interest per month on overdue balances,

  • Apply any deposits toward unpaid balances,

  • Exercise a lien on any property of the Buyer,

  • Pursue any other remedies available at law.

The Buyer remains liable for any shortfall, costs of resale, and legal fees incurred by the Company.

13. Export and Import Restrictions

  • Buyers are responsible for obtaining export/import licenses where necessary.

  • Certain property (e.g., ivory, endangered species, cultural heritage artifacts) may be subject to international laws and prohibitions.

  • The Company makes no representation or warranty regarding the ability to export or import any property.

14. Limitation of Liability

  • The Company, its employees, officers, and agents shall not be liable for any indirect, consequential, or incidental damages.

  • The Company’s liability for any claim shall not exceed the Purchase Price actually paid for the property.

15. Privacy Policy

  • Personal information is collected, stored, and used solely in accordance with Canada’s PIPEDA laws.

  • Information will not be sold or shared beyond what is required for auction operations or as required by law.

16. Amendments

  • The Company reserves the right to revise these Terms at any time.

  • Updates will be effective immediately upon posting to the Company’s website or upon written notification to clients.

17. Governing Law and Dispute Resolution

  • These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada.

  • Any dispute shall be resolved exclusively in the courts of Toronto, Ontario, Canada.

18. Contact Information

16973715 Canada Inc. o/a Arthur’s Fine Art