Conditions of Sale

Sales:

The Society will sell, on behalf of the artists, original works by Members past and present, and authorized reproducions thereof. While the Society takes every care in giving opinions, any statement as to the authorship, attribution, origin, date, age, provenance and condition is a statement of opinion and is not to be taken as a statement of fact.

A prospective buyer wishing to take a few days to consider a purchase should complete and sign a Supporting Membership form and provide identification before requesting a 'first refusal' status; prospective buyers should also (or on request, agree to) provide the Society with a letter of credit or equivalent from their bank covering the value of prospective purchases. This will facilitate the payment for, and subsequent release of the purchase upon completion of the sale.

Copyright:

The artist retains, without exception, copyright to all his/her works of art. Copyright of all material produced by the Society (all images, illustrations and written material relating to a work, exhibition, etc) is and shall remain at all times the Society's property and shall not be used by the buyer nor anyone else without prior written consent.

Inspection:

Ample opportunity is given for inspection and a purchaser acknowledges that [s]he has fully satisfied her/himself prior to a purchase by inspection or otherwise as to all the sale conditions, the physical condition of and description of the work including but not restricted to whether the work is damaged or has been repaired. Works sold may be of some age. All works are sold with all faults and imperfections and errors of description. Illustrations in catalogues are for identification only. Accordingly, as regards any work in which the buyer is interested, she/he undertakes:

1. To inspect and satisfy her/himself prior to the sale as to the condition and description of the lot;
2. To rely on her/his own judgment as to whether the lot accords with its description;
3. To seek any independent expert advice reasonable (in light of the buyer's particular expertise and the value of the work) to satisfy her/himself as to the authorship, attribution, authenticity, genuineness, origin, date, age, provenance, description or condition of the work;
4. Not to rely on any illustration in any catalogue, video, or on this site, and
5. To make her/himself aware of any revised opinions, notices and announcements relating to the work.

Condition Reports:

The condition of any work stated in any catalogue, or other representation made in writing or verbally, is intended as a guide only. The absence of any such reference does not imply that a work is in good condition or free from faults or imperfections. The Society will be pleased to provide a condition report for any work on request. Nevertheless, prospective buyers are reminded that all works are sold as viewed and are subject to the normal conditions of business.

Refusal of sale:

The Society reserves the right to refuse viewing and/or sale. These rights are exercisable at our complete discretion.

Insurance Cover:

From the time of payment, buyers are responsible for the goods purchased. 'Goods in transit' insurance may be available from shipping companies for items removed by them for delivery. In all cases, buyers are advised to organise their own insurance as required on items purchased; the Society cannot be held responsible for any post-purchase loss or damage.

Payment for Purchases:

Buyers are reminded that invoices for all works purchased are payable on presentation. The following methods of payment will facilitate the timely release of purchases:

1. Cash - Canadian Dollars
2. Canadian Bankers Draft drawn on most Canadian banks
3. Credit Cards: Visa and Master Card. An additional charge will be made to cover the cost of the transaction.
4. Canadian Cheque drawn on a Canadian bank. N.B. Will be accepted with a letter of guarantee from purchaser's bankers covering the payment; otherwise normal clearance delays will apply.
5. Canadian Travelers Cheques (may require verification with our bankers)
6. Wire transfer to the Society's bankers. (Account Details available on request)

Collection of Purchases:

Works purchased and paid for in full may be collected by the purchaser or her/his appointed shipper from the Society during normal business hours (currently Tuseday to Saturday, 10 am to 5 pm) unless special arrangements have been approved in writing by the Society prior to the sale. Under no circumstances will a purchased work be released until payment has been made in full (including, if necessary, clearance by our bank). Works not collected within two business days will incur removals, storage, insurance, handling charges, etc. payable by the purchaser.

Deliveries and Shipping:

The Society will assist in giving advice and receive instructions from clients for the local packing and forwarding of purchases. Such services are independant of the Society. For a list of recommended international couriers and shippers contact the Society.

Exports:

The export of any work of art from Canada or import into any other country may be subject to one or more export or import licenses being granted. It is the buyer's responsibility to obtain any relevant export or import license. The denial of any such license required or delay in obtaining such license cannot justify the cancellation of the sale or delay in making payment of the total amount due.

Taxes:

Buyers are reminded that there may be a Tax liability payable on the final purchase price of a work. The Society, in conjunction with Provincial and Federal authorities, is always pleased to advise clients on Canadian matters, but cannot advise on fiscal matters outside Canada.

Law:

These Conditions are subject to Canadian law, which shall apply to their construction as wells to their effect. For the Society's benefit, the seller and the buyer submit to the exclusive jurisdiction of Canadian courts. If any part of these Conditions is found by any court to be invalid, illegal or unenforceable, that part may be discounted and the rest of the conditions shall continue to be valid and enforceable to the fullest extent permitted by law.