TERMS AND CONDITIONS OF SALE

These Terms and Conditions of Sale, the sale itself, and all related matters are governed by the laws of the Province of Quebec. Sellers, buyers, and their representatives accept that all judicial action shall be subject to the exclusive jurisdiction of the courts of Quebec.

The following conditions, together with any amendments published, announced in writing, or announced verbally at the time of sale, are incorporated into and form part of these Terms and Conditions of Sale and apply to all lots catalogued and sold by BYDealers. If one or more of the articles below are held to be invalid for any reason, the remaining conditions shall continue to apply and remain valid.

As used herein, the terms “BYDealers”, “we”, and “the auction house” refer to Les Enchères BYDealers Auction House.

BYDealers acts solely as agent on behalf of the consignor of each lot. Any claims by the buyer relating to a lot, including but not limited to claims regarding title, authenticity, attribution, condition, or provenance, shall be claims against the consignor and not against BYDealers, except as expressly provided herein.

1. DEFINITIONS AND PRICING

• The term “hammer price” designates the price at which a lot has been knocked down to the buyer at the time of sale. The term “purchase price” refers to the sum of (a) the hammer price, (b) the buyer’s premium payable to BYDealers by the buyer, equivalent to 20% of the hammer price, and (c) the applicable sales taxes. Sales are completed as monetary transactions and prices are expressed in Canadian dollars.
• At the close of the auction, the lot is awarded to the person who placed the highest bid, who shall then purchase the lot in accordance with these conditions.
• Sales taxes may be partially or fully exempted where the lot is delivered or removed from the jurisdiction in which the sale took place. It is the buyer’s duty to provide proof to the auction house that any such exemption applies. An exemption can only be applied if the lot is delivered directly from the auction house to an address outside of the jurisdiction and if the compulsory delivery documentation is provided to BYDealers prior to purchase. Sales taxes cannot be refunded once the lot has been released. The buyer agrees to fully indemnify the auction house for any amount claimed by any taxing authority as sales tax, including any related costs, legal fees, interest, and penalties.
• BYDealers shall assume the responsibility of insuring the lots for a period of ten (10) days after the sale. Once the ten-day period has expired, the lot shall be at the buyer’s risk in all respects, even if the lot remains under the care of the auction house. The buyer may arrange insurance coverage through the auction house at the then-prevailing rates.
• In the case of fire, theft, or if for any other reason the auction house is prevented from delivering one or more lots or completing a sale, the auction house’s liability is limited solely to the amount paid by the buyer. The auction house will not under any circumstances compensate for damages suffered beyond such amount.
• BYDealers, its employees, and its representatives shall not be liable for any loss or damage to any lot, whether caused by negligence or otherwise, while the lot is under their care. Any proceeds received from insurance shall represent the sole extent of the auction house’s liability for any loss, damage, or diminution in value.
• Payment for the lots must be completed within ten (10) days of the sale. Payment will only be acknowledged as complete once the buyer has fully paid all amounts due to the auction house. Accepted methods of payment: (a) bank transfer to the BYDealers account, (b) certified cheque or bank draft issued by a Canadian institution, or (c) Visa, Mastercard, or UnionPay up to a maximum of $25,000 per client per auction. Upon registration, the buyer provides a valid credit card as security, which BYDealers may use to charge the purchase price in the event of default by any other payment method within the prescribed time. A 2% surcharge applies to all credit card transactions. All payments must be approved by the auction house before a lot can be released. The auction house prefers payment by bank transfer.

2. AUCTION CONDUCT

• BYDealers auctions are conducted exclusively online through the platform designated by the auction house. The opening and closing dates and times of each sale are announced in advance.
• BYDealers reserves the right to withdraw any lot at any time before the sale, including where there is doubt as to the authenticity of the lot, doubt as to the accuracy of any of the consignor’s representations, or for any other reason at its sole discretion.
• The auction house reserves the right to refuse a bid, to split a lot, to combine two or more lots, and to modify bidding increments or order as it may decide. In the case of a dispute between bidders or doubt as to the validity of a bid, BYDealers has the power to determine the successful bidder or to put the lot up for auction again. In the case of a dispute following the sale, the official sales report shall serve as the reference.
• If a lot is subject to a reserve price, BYDealers reserves the right to bid on the consignor’s behalf up to the amount of the reserve. Any lot awarded to a house bidding number (buy-in) constitutes a void sale.
• All lots close at a fixed predetermined time, announced before the sale. The last valid bid received before the closing time determines the award. BYDealers assumes no liability for any bid received after the close, for any reason whatsoever.
• Once submitted, a bid may not be withdrawn without the written consent of BYDealers, which may be refused at its sole discretion. Every bidder acknowledges that by placing a bid, they commit to purchase the lot for the purchase price if their bid is the winning offer at the close.
• For lots of significant value, BYDealers may, in its sole discretion, offer a bidder the option to bid by telephone. Any request for a telephone bid must be submitted in writing to BYDealers at least twenty-four (24) hours before the close of the sale, and must be approved by the auction house. Neither BYDealers nor its employees shall be liable for any negligence, error or technical failure in the execution of such a bid.
• Invoices generated after the auction may contain errors and may be subject to review and correction by the auction house.
• Any buyer must bid in their own name unless a request is submitted in writing to BYDealers at least twenty-four (24) hours prior to the sale so the buyer may act as a third-party representative. BYDealers reserves the right to refuse the request. Failure to comply with this provision shall entitle BYDealers to deem the bidder as bidding on their own behalf.

3. REGISTRATION AND BIDDER OBLIGATIONS

• To participate in a BYDealers auction, the bidder must create an account on the auction house’s online platform and provide the required information, including a credit card as security. BYDealers reserves the right to refuse any registration or request additional information at its sole discretion, notably for compliance with applicable laws.
• BYDealers may, in its sole discretion, require additional payment security (deposit, letter of credit, proof of funds) from bidders wishing to bid on high-value lots.
• Every bidder acknowledges that once a bid has been submitted with their account, the bid cannot be withdrawn without the written authorization of BYDealers. Every bidder agrees that if a lot is knocked down on their bid, they are bound to purchase the lot for the purchase price.
• The bidder is solely responsible for the proper functioning of their internet connection, device and browser. BYDealers cannot be held liable for a bidder’s inability to place a bid due to technical difficulties on their end.
• The bidder is responsible for the confidentiality of their login credentials. Any bid submitted from their account is presumed to have been authorized by them, and they assume full responsibility therefor.

4. DESCRIPTIONS, CONDITION, AND WARRANTIES

• All lots are sold “as is.” A buyer interested in a lot should inspect it prior to the sale to verify its dimensions, overall condition, and whether it has been restored or altered. We strongly recommend that each lot be inspected personally. All information in the catalogue, any invoice, condition report, or other document presenting the work’s ownership, year, period, origin, importance, exhibition history and related literature, or physical condition represents solely the opinion of the auction house and does not constitute a guarantee of any sort. The auction house does everything in its power to ensure the accuracy of information it provides. No BYDealers employee or representative has the authority to give a verbal or written guarantee. The buyer acknowledges that they have not relied on the auction house’s statements or descriptions in determining whether to purchase a lot.
• The auction house, its employees, and agents shall not be responsible for the correctness of any statement as to the authorship, origin, date, age, size, medium, attribution, genuineness, provenance, condition, or estimated selling price of any lot, and no warranty whatsoever is given by the auction house in respect of any lot. Any express or implied conditions or warranties are hereby excluded to the fullest extent permitted by law.
• Notwithstanding the foregoing, the successful bidder may arrange for a recognized and fully qualified authority, acceptable to BYDealers, to inspect the lot prior to its collection. Should this authority submit in writing to BYDealers a statement challenging the genuineness or authenticity of the lot, the sale may be rescinded by BYDealers and a full refund of all amounts paid shall be provided to the buyer. This process must be completed within seven (7) days of the date of sale. This provision constitutes the buyer’s sole remedy in respect of any claim relating to the authenticity or genuineness of a lot.
• Notwithstanding any other provision, if a buyer makes a claim relating to the title, authenticity, attribution or provenance of a lot sold to them, BYDealers may, in its sole discretion, disclose to the buyer the identity and contact information of the consignor so that the buyer may pursue its remedies directly against the consignor. The buyer acknowledges that BYDealers acts solely as agent for the consignor and that, subject to the challenge mechanism set out in the preceding paragraph, BYDealers assumes no personal liability regarding the authenticity or description of lots.
• BYDealers may provide condition reports on lots offered through its auctions. These reports are matters of opinion prepared by BYDealers specialists and are not a substitute for physical inspection by the bidder or their advisors. Condition reports are not meant to equal a comprehensive report created by a professional restorer. In all cases, the bidder is advised to consult their own conservator for a complete assessment of condition.
• All photographic representations of the lots included in this catalogue are solely for guidance and are not to be relied upon for colours, tones, textures, or imperfections of the lots.

5. EXPORT, COPYRIGHT, AND INTELLECTUAL PROPERTY

• If a buyer plans to export a lot, it is their responsibility to comply with any applicable provisions regarding permits, restrictions, or prohibitions on certain materials, including the Cultural Property Export and Import Act (Canada). Failure by the buyer to obtain any necessary export licence shall not affect the finality of the sale or the obligations of the buyer.
• BYDealers offers no guarantee that the buyer will acquire copyrights or reproduction rights for the purchased lots.
• The copyrights of text, images, digital images, and illustrations in this catalogue are the exclusive property of BYDealers. It is prohibited to reproduce or to allow reproduction of this catalogue in whole or in part without prior written approval from BYDealers.
• BYDealers reserves the right in perpetuity to use images of previously sold lots for promotional purposes.

6. LIABILITY AND COLLECTION

• BYDealers shall not be liable for any act, omission, or default by the consignor or the buyer. BYDealers shall not be liable for negligence or errors committed by the buyer or by the consignor of a lot.
• BYDealers may, if judged necessary, refuse a person’s access to or participation in the auction sale, and may refuse or revoke any bidding registration, at its absolute discretion.
• The buyer must collect the lots purchased at a BYDealers sale within ten (10) days following the sale. After that time, the buyer shall be responsible for all fees related to the storing and handling of the lots until collection. The buyer must have paid BYDealers the entire amount due in order for the lot to be released.
• Shipping and handling costs are the buyer’s entire responsibility. The lots will be packed by the auction house for hand-carrying only. BYDealers can assist the buyer with the shipping process but reserves the right to invoice certain fees depending on the nature of the services provided. BYDealers carries no liability for damage to glass or frames, nor for errors, omissions, or damage caused during shipping and handling, whether or not the carrier was recommended by the auction house.
• If a buyer does not pay for or collect one or more lots before 5:00 p.m. on the tenth (10th) day following the auction, BYDealers has the right, at its entire discretion, to resort to one or more of the following actions without prior notice and without prejudice to all other rights or recourse: (a) engage in legal proceedings against the buyer for damages related to breach of contract and full compensation for fees incurred in such proceedings; (b) annul the sale; (c) resell the lot at auction or privately, with any deficit claimed from the buyer; (d) store the lot at the buyer’s expense; (e) charge interest on the purchase price at the rate of 5% per month above the prime rate of the Bank of Canada; (f) retain this lot or any other lot sold to the buyer as security for payment; (g) exercise a lien on any property of the buyer in the auction house’s possession; (h) apply any payment made by the buyer to any amount owed to the auction house; (i) refuse or revoke the buyer’s registration for future auctions; (j) disclose to the consignor the identity and contact information of the buyer so that the consignor may pursue remedies for non-payment. All of the above rights and remedies may be assigned to the consignor at the discretion of the auction house.

7. COMPLIANCE

• By registering and participating in any BYDealers auction, each bidder represents and warrants that: (a) the bidder is not acting in contravention of any applicable anti-money laundering or sanctions legislation; (b) the funds used for the purchase of any lot are not the proceeds of any unlawful activity; and (c) the bidder will provide, upon request by BYDealers, any documentation or information necessary to comply with applicable anti-money laundering requirements. BYDealers reserves the right to refuse any registration or rescind any sale if it has reasonable grounds to believe that a transaction may contravene applicable laws.
• The online platform used by BYDealers to conduct its sales may be operated by a third-party provider. BYDealers is not responsible for errors, service interruptions, delays, technical failures or other issues associated with this platform or any telecommunications system (telephone, video, digital) used during a sale. BYDealers accepts no liability for any bid that is not transmitted, recorded or processed due to such failure.
• These Terms and Conditions of Sale are governed by the laws and regulations of the Province of Quebec. Any dispute, controversy or claim relating to this agreement shall first be submitted to good faith mediation. Failing settlement, the matter may be heard by the courts of the Province of Quebec in the judicial district of Montreal.