The present Terms and Conditions of Sale, the sale itself and all that is related to the sale are governed by Quebec law.
Sellers, buyers and their representatives accept that all judiciary action will be answerable by the exclusive competence of the Quebec courts.
The following conditions and any amendments published, announced in writing or announced verbally at the time of the sale, are incorporated into and form part of these Terms and Conditions of Sale and are thereby applicable to all lots catalogued and sold by BYDealers. If one or several of the articles listed below are invalid, regardless of the reason why, the rest of the conditions continue to apply and remain valid. The “Buyer’s Guide” section of the catalog is incorporated into and forms part of these Terms and Conditions of Sale.
As used above, the terms “BYDealers”, “we” and “auction house” refer to the Les Enchères BYDealers Auction House.
1. 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 the prices are expressed in Canadian dollars.
2. At the fall of the auctioneer’s hammer, the person who has placed the highest bid must purchase the lot in accordance with the conditions presented herein.
3. In certain cases where the lot is delivered or removed from the jurisdiction in which the sale took place, sales taxes may be exempted in part or in whole. It is the buyer’s duty to provide proof to the auction house that any such exemption applies to the purchased lot. 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. All tax exemption requests must be submitted to the auction house prior to or at the time of payment. Sales taxes cannot be refunded once the lot has been released by the auction house.
4. BYDealers shall assume the responsibility of insuring the lots for ten days after the sale. Once the ten-day period is over, it is the buyer’s responsibility to insure the purchased lots even if the lots remain under the care and custody of
the auction house.
5. In the case of fire, theft or if for any other reason the auction house is prevented from delivering one or several lots or of completing a sale, the auction house is responsible is limited only to the amount paid by the buyer and will not under any circumstances compensate for the damages suffered.
6. BYDealers, its employees and its representatives cannot be held responsible for any loss of damage suffered by the lot, be it due to negligence or to any other cause while the lot is under the care and custody of the auction house.
7. Payment for the lots must be completed within ten days of the sale. Payment will only be acknowledged as being complete once the buyer has fully paid all full 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 (c) Visa or MasterCard for up to a maximum of $50 000 per client per auction. To pay by credit card, the buyer must present himself in person with the credit card and a valid photo ID. All payments must be verified by the corresponding financial institutions and be approved by the auction house before a lot can be released or delivered to the buyer. A 2% surcharge will be added to all credit card transactions.
8. BYDealers reserves the right to withdraw a lot at any time before the sale.
9. The auction house reserves the right to refuse a bid, to split a lot and to advance the bidding as it may decide. In the case of a dispute between clients where the auctioneer is uncertain of a bid’s validity, BYDealers has the power to determine the successful bidder or to put up the lot up for auction again. In the case of a dispute following the sale, the official sales report will serve as the reference.
10. If a presented lot is subject to a reserve price established by the seller, BYDealers reserves the right to bid on the seller’s behalf, either as an opening bid or with consecutive bids in response to bids placed by other participants, to reach the amount of the reserve price.
11. Prospective buyers are invited to attend the auction in person. However, if a buyer is unable to attend, BYDealers can submit an absentee bid on his behalf provided that the absentee bid form has been completed, signed and submitted to the auction house at least 24 hours prior to the sale. BYDealers cannot be held responsible for the execution of such a bid by one of its employees or agents.
12. In the case where the auction house receives more than one absentee bid form for a given lot and for an identical bid amount, and where these bids are the highest ones for the given lot, the successful bid shall be the one received the earliest by the auction house.
13. The auction house may, at its discretion, place a bid by telephone for the buyer’s account. Nor the auction house nor its employees can be held liable by the buyer or the consignor for any negligence or default in the placing of such a bid.
14. Invoices generated after the auction may contain errors and may be subject to review.
15. Any buyer at the auction must bid in his own name unless a request is submitted in writing to BYDealers at least 24 hours prior to the sale so the buyer may act as a third party representative. BYDealers reserves the right to refuse the request if the relationship doesn’t appear to be admissible.
16. Any buyer wishing to bid must complete the registration form and familiarize himself with the form’s contents. The form must be submitted at least 24 hours before the sale
to guarantee its approval.
17. All registered buyers must understand that once a bid has been placed with his paddle number, be it in person, by telephone or by Internet, the bid cannot be withdrawn without the auctioneer’s consent which, at his discretion, he may refuse to do.
18. All lots are sold “as is”. A buyer interested in a lot should inspect it prior to the sale to verify its dimensions, its overall condition and whether it has been restored or altered. We strongly recommend that each lot be inspected personally. All information in this catalog as well as any invoice, condition report or other document presenting the work’s ownership, year, period, origin, importance, exhibition history and related literature or its physical condition represent solely the auction house’s opinion and do 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.
19. All photographic representations of the lots included in this catalog are solely for guidance and are not to be relied upon for colours, tones, textures and imperfections of the lots.
20. Exporting. If a buyer plans to export a lot, it is his responsibility to comply with the provisions regarding permits or bans on certain materials, for example on illegal materials such as ivory.
21. BYDealers offers no guarantee that the buyer will acquire copyrights or reproduction rights for the purchased lots.
22. The copyrights of text, images, digital images and illustrations in this catalog are the exclusive property of BYDealers. It is prohibited to reproduce or to allow reproduction of the catalog in part or in whole without BYDealers’s prior written approval.
23. BYDealers reserves the right to perpetually use images of previously sold lots for promotional purposes.
24. BYDealers cannot be held liable for the negligence or errors committed by the buyer or by the consignor of a lot.
25. BYDealers may, if judged necessary, refuse a person’s access or participation to the auction sale.
26. The buyer must collect the lots purchased at a BYDealers sale within ten days following the sale. After that time, the buyer will be responsible for all fees related to the storing and handling of the lots until they are collected by the buyer. The buyer must have paid BYDealers the entire amount due in order for the lot to be released.
27. 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.
28. BYDealers is not liable for any damage to the lot’s glass or frame, or for any error, omission or damage caused during shipping and handling, even if the service was provided by
a company recommended by the auction house.
29. If a buyer does not manage to pay for or collect one or more lots before 5 pm of the tenth day following the auction, BYDealers has the right to, at its entire discretion, resort to taking one or several of the following actions without prior notice and without prejudice to all other rights or recourse the auction house may be entitled to:
a. Engage in legal proceedings against the buyer for damages and interests related to breach of contract and the full compensation for fees for such proceedings.
b. Annul the buyer’s purchase of one or several lots.
c. Resell the lot or cause it to be resold at a public or private sale, be it a live or an online auction. Any surplus after expenditures incurred by the auction house will be paid to the buyer.
d. Store the lot at the BYDealers premises or at third party premises at the buyer’s expense and release the lot to the buyer only once the purchase price and the costs incurred by the auction house have been paid.
e. Charge monthly interest on the purchase price at 5% above RBC prime rate at time of the auction, adjusted monthly afterwards.
f. Withhold the lot or any other lot sold to the buyer at the same auction or any other BYDealers auction and release the lot(s) only once the purchase price and the costs incurred by the auction have been paid in full.
g. At the auction house’s discretion, refuse or revoke the buyer’s registration at future BYDealers’s auctions.
30. BYDealers’s “Terms and Conditions of Sale” are governed by the laws and regulations of the province of Quebec. By bidding at a BYDealers auction, all buyers or bidders accept the present Terms and Conditions of Sale. Any dispute, controversy or request in accordance with the present contract will be subject to mediation. In the event that the involved parties fail to agree, the case could be heard in the Court of Quebec in Montreal.