The Event
Unite With Art 2009 - Conditions & Terms of Sale
Conditions & Terms of Sale
For those attending the Unite with Art Auction & Gala event we have included an explanation of how an auction works, and the method of payment. Both the Live Auction and Silent Auction have a specific closing time. Items in the catalogue are numbered sequentially, beginning with the Live Auction, which commences at 8:00 p.m. The Silent Auction opens at 6:00 p.m. and closes 45 minutes after the conclusion of the live auction.
The Unite with Art catalogue categorizes and lists each item offered for auction this evening, along with a brief description.
The terms and conditions of sale (the "Terms and Conditions") are as follows:
Live Auction
The Live Auction will begin at 8:00 p.m.
All bids are per-lot as numbered in the Catalogue, unless otherwise announced by the Auctioneer.
Unite with Art reserves the right to withdraw any property before sale completion, and to assign any lot to either the Silent or Live Auction.
Both Unite with Art and the Auctioneer reserve the right to reject any bid.
In the event of a dispute between bidders, or if Unite with Art doubts the validity of a bid, the Auctioneer will, in his or her sole discretion, determine the successful bid or re-offer the property which is the subject of the dispute or doubt for re-sale in the auction.
Unite with Art may bid on behalf of absentee bidders. However, neither Unite with Art nor its representatives or agents shall be liable for any act or omission with respect to the representation of such absentee bidders.
Each of the lots is subject to a reserve price, below which the lot will not be sold. If in the course of the auction, the reserve price for a lot is not met, the Auctioneer has the right, at his or her discretion, to reject any offers below the reserve price and remove the lot from the auction.
Unless there is evidence to the contrary, each lot is deemed to be the subject of a separate contract of sale.
A sale is complete when the Auctioneer announces its completion by acknowledging the successful bidder. A bid may be retracted until the Auctioneer announces competition.
If a dispute arises after the completion of a sale, the sales record of Unite with Art shall be conclusive in its sole discretion.
Upon completion of a sale, the successful bidder will be required to sign a confirmation of purchase ("Confirmation"). Where the successful bidder is absent, the purchase must be confirmed by such means as Unite with Art deems appropriate in the circumstances. After Confirmation, title in the lot shall pass to the successful bidder upon payment of the full amount of the successful bid (the "Purchase Price") and be subject to the terms and conditions described herein.
The Purchase Price will be deemed paid upon direct payment to Unite with Art by credit card or cheque either immediately after the sale, or at any point during the Unite with Art Auction & Gala and before 11:00 pm. All cheques shall require a credit card number and valid driver's license number to guarantee payment. Cash payments will not be accepted.
The successful bidder is responsible for all applicable taxes on any lot unless otherwise exempted by law.
Once title in the lot passes to the successful bidder, such bidder shall assume full risk and responsibility for the lot. Any packaging and/or handling of the lot is at the entire risk of the successful bidder. Unite with Art is not liable for any acts or omissions of its employees, agents, carriers or handlers of lots.
Subject to express contrary statements in the Catalogue, all sales are final and no exchanges, substitutions or refunds will be honoured by Unite with Art or any donors of the Items.
Lots are sold "as is" and "where is". Neither Unite with Art, the Auctioneer nor any donor make any warranty or guarantee, expressed or implied, as to the age, condition, origin or authenticity of any of the lots, including, without limitation, warranties or guarantees as to the identity of the artist, the period, culture, source or origin of any lot.
Neither Unite with Art, the Auctioneer, nor any donor are responsible for any mistakes or errors in the Catalogue, including, but not limited to, mistakes as to the description of the physical condition, size, quality, importance, provenance, exhibitions, literature or historical relevance of any lot.
Unite with Art, the Auctioneer and any donor do not make any warranty or guarantee, expressed or implied, as to the condition of or defects in the lots or whether any repair or restoration work has been carried out on any of the lots at any time or times.
Neither Unite with Art, the Auctioneer, nor any donor make any warranty or representation as to whether the successful bidder acquires any reproduction rights in the lot, or as to the state of any intellectual property rights or moral rights in the lot.
Bidding on a lot, the bidder agrees that the only representations made by Unite with Art, its agents and employees, the Auctioneer, or any donor are those expressly contained within these Terms and Conditions.
All bidders shall undertake their own inspection of the lots and due diligence prior to bidding, and shall bid at their own risk.
In the event Unite with Art is found liable for any act or omission, either directly or vicariously, Unite with Art's liability shall be limited to the amount of the successful bid for the lot in question.
The Auctioneer or any donor shall not be liable to a bidder whatsoever.
Silent Auction
Bids for the Silent Auction shall open at 6:00 p.m. Successful bids will be announced 45 minutes after the close of the Live Auction (the "Closing").
The Silent Auction is subject to all of the terms and conditions as indicated for the Live Auction where not inconsistent with the following:
To make a bid, a bidder shall print legibly his or her [name]/[bid number] and bid amount on the bid sheet, which shall be accompanied by the bidder's signature.
Each new bid shall be written on the first available blank line of the bid sheet. The highest bid written in accordance with the Terms and Conditions at Closing shall constitute the successful bid.
In order to constitute a valid bid, each increase must equal or exceed the minimum increase stated on the bid sheet and be determined at Unite with Art's discretion.
A bid may be retracted by physically obscuring the information required under subsection (a), and such obscuration shall be accompanied by the initials of the bidder retracting the bid.
Sheets cannot be removed from their places as designated by Unite with Art except by authorized individuals.
For clarity, with respect to the Silent Auction only, where there is a conflict between the terms and conditions specified for the Live Auction and those specified for the Silent Auction, those specified in the Silent Auction shall take precedence.
The terms and conditions described herein shall be governed and construed by the laws of the province of British Columbia. By bidding on any of the lots, either in person or through Unite with Art, the successful bidder shall be deemed to have attorned to the jurisdiction of the courts of the province of British Columbia.
Should any part or provision of this Agreement be held unenforceable or in conflict with the applicable laws of any jurisdiction, such part or provision shall be severed from this Agreement and the validity of the remaining parts or provisions shall not be affected by such holding.