Condition of Items

Despite the efforts of Auctionary Canada to accurately describe each item, these items are for sale “as is”. It is the bidder’s responsibility (present or absentee) to directly examine and appraise the item condition. Auctionary Canada is not responsible for typographical errors.

Neither we nor the consignor, make any guarantees, warranties, or representation expressed, or implied, related to the property, the correctness of the catalogue or other description of the authenticity of authorship, physical condition, size, quality, rarity, importance, provenance, exhibition, literature or historic relevance of the property or otherwise.

No statement anywhere whether oral or written, shall be deemed such a guarantee, warranty or representation. It is the responsibility of potential buyer to inspect the property before bidding to determine its condition, size and whether or not it has been restored. So too, the bidder is responsible for making contact with Auctionary Canada to uncover any information that might reveal more about the item(s). 

Due to the age of the items we specialize in, all items are sold for the purposes of display, not functionality. If electrical, mechanical, or other working parts are found dysfunctional, (even if working at the time of sale) we are not liable.

Questions pertaining to upcoming auction items should be submitted at least 48 hours before the sale.  We make every effort to answer all questions as quickly as we can, but we cannot promise that questions submitted 48-hours before the sale will be answered before the sale. 

Neither we, nor the consignor make any guarantee as to whether the purchaser can successfully acquire any reproduction rights in the property. Returns are not accepted under any circumstances. All items will be available for preview approximately three (3) weeks prior to the auction.  

BIDDING

Rights and Responsibilities

The auctioneer reserves the right to determine the highest bidder and to reopen the bidding of a disputed lot. When the auctioneer closes each lot, the ownership is passed to the winning bidder who then assumes all risk and full responsibility. It is recommended that you take out insurance for your items immediately after winning them. 

Auctionary Canada is not responsible for any bid errors or omissions. Also, we shall have no liability to any bidder for any technical or other failure associated with the internet, absentee bidding, or telephone bidding.

ONLINE BIDDING – Online bidding through auctionary.ca, Hibid, or other bidding platforms may be available; all Terms and Conditions apply. Refer to your bidding platform of choice to see how added surcharges associated with these platforms affect your final buyer’s premium.  In the case of a tie, absentee bids take precedence over live bids.  If within 7 days the winning bidder has not paid, Auctionary Canada reserves the right to use and charge the credit card provided. 

The auctioneer has the final word on all item(s) sold. You (the bidder) assume the risk of winning an item online and not having the item actually sell to you. This is due to the final discretion of the auctioneer and the operator not being able to re-open that lot. Online bidders are held responsible for accidental bidding.

BID RESULTS – Auctionary Canada contacts successful bidders 24 hours after the auction with an official invoice. The invoice will include item, hammer price, premium, packing and handling, shipping, insurance, and any other charges that apply. 

Please hold phone inquiries regarding bid success until after receiving your invoice.  Winning bid information can be provided the second business day after the auction.  Auctionary Canada will not provide bidder information to any outside sources.

Bid Increments

Bid increments listed are a general guideline.   Actual increments are at the auctioneer’s discretion.  Check increments on the individual auction terms and conditions page.

Reserves

The majority of our items are unreserved, but occasionally items may carry a moderate reserve. Please note that when a lot carries a reserve, the reserve is usually somewhere below our low estimate. In the case of a reserved item, the seller has authorized the auctioneer to bid on their behalf until the reserve price is reached.

Buyer’s Premium

Successful bids are subject to an 15% buyer’s premium.  A surcharge may be added for any third party online bidding platform that the bidder utilizes. Refer to your bidding platform of choice for the final buyer’s premium.

Sales Tax

Unless the appropriate permits are on file with Auctionary Canada , Canadian buyers or their representatives are responsible for paying the provincial sales tax rate applicable to their location. The winning bidder agrees to pay Auctionary Canada the actual amount of tax due in the event that sales tax is not properly collected due to:

1) an expired, inaccurate, or inappropriate tax certificate or declaration,

2) an incorrect interpretation of the applicable statute,

3) or any other reason. The appropriate form or certificate must be on file at and verified by Auctionary Canada five days before the sale date, or tax must be paid; only if such form or certificate is received by Auctionary Canada within 4 days after the Auction can a refund of tax paid be made. Lots from different auctions may not be combined for sales tax purposes.

Payment

CREDIT CARD – Auctionary Canada reserves the right to charge the credit card associated with your account 12 hours following the auction. For first time buyers and credit card charges greater than $2,000 buyers must pay with certified cheque or wire transfer. A surcharge fee of 3% will be charged for qualified buyers over $2,000 who wish to make a credit card payment.

Non-payers will be penalized. Auctionary Canada will take the necessary legal steps to protect its interests. Non-paying bidders will be blocked from all future auction participation. 

Packing & Shipping

It is the bidder’s responsibility to consider shipping, handling & insurance costs when bidding on items.

SCHEDULING A PICK-UP – To pick up your item(s) in person after the auction closes schedule a pick-up using a link that will be provided in your email after together with your invoice

ONSITE BIDDERS – Liability transfers immediately upon winning a lot. Items paid for must be packed, transported and/or removed by the purchaser at his/her own risk after the close of the sale. We recommend that you insure your items immediately upon winning them. If the services of an employee or agent of Auctionary Canada for packing or transporting the merchandise are used, it is fully at the risk and responsibility and expense of the purchaser.  The agent or employee will not hold Auctionary Canada liable for any loss or damage that may be caused.

ITEMS NOT PICKED UP THE DAY OF THE SALE – Packaging, shipping, and insurance on items will be made available as an added courtesy and cost. We recommend that you arrange insurance for your items immediately upon winning an item. Again, if any employee or agent of Auctionary Canada shall pack or transport the merchandise, it is fully at the risk and responsibility and expense of the purchaser. The said agent or employee will not hold Auctionary Canada lliable for any loss or damage that may be caused.

All applicable charges will be applied.  Shipping will be based on actual costs via Canada Post or another carrier.  Handling and insurance will vary in cost depending on each invoice. All packages will be shipped with insurance within seven (7) business days after payment is received.

SHIPPING TERMSAuctionary Canada will ship all items to the buyer at the listed address via Canada Post or other carriers.  Any risk of loss or damage to the item(s) during transit by Canada Post or any other carrier, in excess of the insurance provided by or purchased from Auctionary Canada , is at the sole risk of the buyer. The buyer through the carrier should purchase additional insurance coverage. The buyer releases Auctionary Canada from any and all claims for loss or damage to any item during transit and agrees to pay all costs of defense, including attorney’s fees, for any claims brought against Auctionary Canada for loss or damage occurring during transit.

COMBINED SHIPPING – When possible consolidate multiple purchases in the same parcel to reduce shipping costs. However, it is the buyer’s responsibility to pay for the shipping cost of every item purchased, as if they were being shipped individually. Combining shipments is an adjustment that takes place when we can determine which items (if any) can safely be shipped together. 

INSURANCE – Shipping insurance of 3% is automatically added for every package. If your package is valued at >$10,000 we will also automatically add “Additional Insurance”, which you can decline by contacting us.  If you wish to arrange for “Additional Insurance” for packages valued between $1,000 and $10,000 please contact us prior to payment and we can quote this additional insurance amount for you.  Insurance for all 3rd party shipments must be arranged through that carrier.

INTERNATIONAL SHIPPING – Auctionary Canada is an experienced international shipper.  Please understand that we refuse, under any circumstance, to under-declare international purchases. Be aware that your international order may be subject to import charges/duties that are not included in our invoiced shipping charge.  You will be responsible for these charges if applicable in your country. All shipments will include the invoice with purchase totals including the buyer’s premium and shipping cost. If you plan to pick-up your item(s) please notify us immediately and we will deduct the shipping cost from your invoice.

SHIPPING LARGE ITEMS (FREIGHT) – When items are above a certain weight, length, or volume, it is the bidder’s responsibility to arrange 3rd party shipping.

Volumetric size is length + girth = (the longest measurement) + (height x 2) + (width x 2).

As a general rule shipments must be <30 kilograms in weight, under 2m length, under <3 meters in volumetric size

There may be certain shipments that meet these requirements that will still require 3rd party shipping, and we will communicate the reason in those cases

Please see the Canada Post Website for more information at https://www.canadapost.ca/cpotools/apps/far/business/findARate?execution=e1s1

If you wish to arrange an alternative shipping method, you need to notify us seven (7) days in advance with the shipping company name, arrival date and time. The 3rd party-shipping representative must bear a copy of the invoice. Personal pickups must be arranged in advance with Auctionary Canada staff. Charges may apply for overtime hours. 

STORAGE FEE – Auctionary Canada charges $75/week for any items awaiting pickup for more than 7 days after the auction date.

Applicable Law

The laws of the Province of Ontario, Canada govern these terms and conditions.  Each of the parties hereto hereby submits to the provincial courts located in Toronto, Ontario, for the exclusive jurisdiction of any disputes in connection with these terms and conditions.

Binding Arbitration

Disputes related to these terms and conditions shall be resolved, and any relief sought (including equitable relief) may be granted, through binding arbitration.  The cost will be split (50:50) between both parties. A winning party is entitled to recover its lawyer’s fees, costs and expenses.

Return Policy

Auctionary Canada provides careful descriptions of every item it represents. We ensure the descriptions are accurate and that they fully disclose any exceptions to condition. Buyers having paid within 7 business days must notify Auctionary Canada with concerns within three calendar (3) days of receipt of their purchased item. Buyers who have not paid within the 7-day due date are not qualified to return purchases under any circumstances.