Terms and Conditions

1. LEVIS Fine Art Auctions & Appraisals, or LEVIS or "we" refer, for all purposes relating to this auction, LEVIS Fine Art Auctions & Appraisals Inc.
2. The total purchase price payable by the Buyer for each lot will include a Buyer's Premium of 17% on the Hammer Price of each lot.
3. Applicable GST/HST will be charged on the Hammer Price and Buyer's Premium on all lots.
4. Although LEVIS Fine Art Auctions & Appraisals take care and diligence in their catalogue of the lots offered for auction, all Property is sold on an "as is, where is basis" and neither we nor our agents, auctioneers or other personnel nor the Consignor make any warranties or representations as to the correctness of the catalogue or other descriptions contained therein, of the physical condition, size, authenticity, or quality. Prospective bidders should inspect the property before bidding to determine its condition, size and whether the purchaser acquires any reproduction rights in the property.
5. Notwithstanding the preceding conditions, if within fourteen days of the sale of any lot, the Buyer can provide us with the written opinion of two acknowledged experts stating that the art, as outlined in the glossary, is in effect misdescribed in substantial form, particularly in the catalogue; and within fourteen days after such notice, the Buyer returns the lot to us in the same condition as when sold, we as agent for the Consignor will rescind the sale and refund the Purchase Price received by them. Due to the time requirements, expense and sometimes changing scholarly opinion of some artists’ work, LEVIS cannot guarantee authenticity of paintings, drawings, graphic art or sculpture created before 1900.
6. We reserve the right to withdraw any property before the moment of sale.
7. At the discretion of the Auction House, LEVIS or it’s employees may execute bids on behalf of an absentee bidder, telephone bidder or employee. Neither the auction house nor its employees shall be liable to either the consignor or purchaser for any neglect or default in attempting or making such bids.
8. Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalogue.
9. We reserve the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the Buyer. In the event of a dispute between bidders, or in the event of doubt on the part of us as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sale record is conclusive.
10. If the auctioneer decides without regard to the printed estimated price that any opening bid is below the value of the lot offered, he may reject the bid and withdraw the lot from the sale, and if, having acknowledged an opening bid, he decides that any advance thereafter is insufficient, he may reject the advance.
11. On the fall of the auctioneer's hammer or indication of being sold, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to conditions set forth herein, and such Buyer thereupon will pay the full purchase price thereof or such part as we may require. The Buyer also assumes all risks on the offered lot and neither the auction house nor its employees nor its agents shall be liable for any loss or damage of any kind whether caused by negligence of otherwise. All property must be removed from our premises by the Buyer at their expense not later than one week or a prearranged time following its sale and if not so removed, a handling charge of 5% of the purchase price per month until removal of the property will be payable by the purchaser. If the property is not picked up after 365 days, the title of the goods pass to LEVIS.
12. Payment in full must be made on the day of the sale, to be deposited into the Auctions House’s Trust by cash, certified cheque, debit card, Visa, MasterCard bank wire or bank draft, unless other arrangements have been made with the auction house prior to the sale.
13. All currency figures are in Canadian dollars.
14. Some lots in the auction may be subject to provisions of the Cultural Property Import and Export Act of Canada. The Buyer is responsible for obtaining the necessary licenses and the denial or delay of any licenses shall not justify the cancellation of any sale or any delay in payment of the total purchase price for the lot.
15. Antiques are sold on an 'as is, where is basis' with no guarantee as to condition, authenticity or defect, either expressed or implied. Purchasers must satisfy themselves, by inspection or otherwise, as to the physical description and condition of the lots they intend to purchase.

16. Pursuant to and in accordance of the online auction sale organized, approved and being undertaken by The City of Calgary, Heritage Calgary, Levis Fine Art Auctions and Appraisals Inc. and their agents (herein collectively referred to as the “Seller”), the Buyer is expressly and clearly advised that a material and fundamental term, condition and/or provision of the on-line auction sale states that:

    The Buyer understands, acknowledges and agrees that full risk and responsibility relating to retrieval and assumption of the auction lot sold to the Buyer immediately “upon the fall of the auction hammer deeming the auction lot to be sold” immediately thereafter falls upon and rests solely with the Buyer including but not limited to pick-up (retrieval) of the auction lot from the location designated by the Seller and/or its designated agents, any and all transportation thereafter of the auction lot, removal of the auction lot from the transport and setting or placement of the auction lot by the Buyer.

    The only and sole responsibility of the Seller and/or its designated agents upon the auction lot being sold is to provide the auction for pick-up (retrieval) by the Buyer.

    The Buyer understands, acknowledges and accepts this fundamental term, condition and/or provision applies and comes into effect immediately upon the “upon the fall of the auction hammer deeming the auction lot to be sold.

    The Buyer concurrently understands, acknowledges, accepts and agrees to hold the Seller and/or its designated agents free and harmless from any claims, actions, causes of action and/or suits respecting any matters arising or involving the auction immediately after the "fall of the hammer deeming the auction lot to have been sold and agrees to indemnify the Seller for any and all legal costs on a solicitor and own client basis".

17. This Agreement comprises the entirety of the contract between LEVIS and the Buyer and LEVIS shall not be held liable in respect of any representation not made in writing herein. This Agreement shall be governed by the laws in force in Alberta, Canada, whose Courts shall have the sole jurisdiction to adjudicate claims made in respect of this Agreement.