General Terms and Conditions of Sale

All lots will be offered and sold subject to these Conditions of Sale. By bidding at auction, bidders are bound by these Conditions, as amended by any oral announcement or posted notices, which together form the contract of sale between the successful bidder (buyer), Jones Auction House, and the consignor (seller) of the lot. Descriptions or photographs of lots are not warranties and each lot is sold “as is” in accordance with the Conditions of Sale.

CONDITIONS OF LOTS

All of the items are to be considered, unless otherwise noted in the description, in good condition. The definition of “good” when used in reference to condition, describes an object as having had no major damage or repair but as with the nature of the material, may show minor surface wear, discolouration etc., which indicates the acceptable wear that the piece may acquire with age. Sizes are approximate. It is the sole responsibility of the bidder to inquire as to the condition of a lot before bidding. Condition reports are available upon request by phone, email or in person. Buyers are advised to make any requests well in advance of the sale. Frames on artwork are not included in condition listing or reports.

While utmost care is taken to ensure the correct cataloguing of each item, such descriptions are purely statements of opinion and are not intended to constitute a representation to the prospective purchasers and no warranty of the correctness of such description is made. The Buyer understands it is incumbent upon the Buyer to inspect the lot and hire any necessary experts to make the determination as to the nature, authenticity (unless otherwise stated/guaranteed in the lot description), quality and condition of any lot. 

Items are located in Saint John, New Brunswick.

AUTHENTICITY

Some auction items have been formally authenticated by experts. If a Certificate of Authenticity, authenticity cards, or original papers are included with any lot, that will be noted in the description. 

Some lots may be subject to an authenticity guarantee. This will be indicated in lot descriptions as ‘Authenticity Guaranteed’. If your lot, that was listed as ‘Authenticity Guaranteed,’ is not authentic, subject to the terms below, we will refund the purchase price paid by the Buyer. The terms of the authenticity guarantee are as follows:

(a) It is provided for a period of 1 year from the date of the sale;

(b) It is given only for information shown in the lot heading. It does not apply to any information other than in the heading;

(c) The authenticity guarantee does not apply if the heading matches the generally accepted opinion of experts at the date of the sale;

(d) The authenticity guarantee does not apply if the lot can only be shown not to be authentic by a scientific process which, on the date of sale, was not available or generally accepted for use, or which was unreasonably expensive or impractical, or which was likely to have damaged the lot;

(e) The benefit of the authenticity guarantee is only available to the original buyer shown on the invoice for the lot issued at the time of the sale and only if the original buyer has owned the lot continuously between the date of sale and the date of claim. It may not be transferred to anyone else.

(f) In order to claim under the authenticity guarantee you must:

 (i) give us written details of any claim within 1 year of the date of sale.

(ii) obtain the written opinions of two recognised experts in the field of the lot mutually agreed by you and us in advance confirming that the lot is not authentic. We reserve the right to obtain additional opinions at our expense; and

 (iii) return the lot to the auction house in the condition it was in at the time of sale;

 (iiii) Your only right under this authenticity guarantee is to cancel the sale and receive a refund of the purchase price paid by you to us. We will not, in any circumstances, be required to pay you more than this total amount.

While we make every effort to research and present items correctly, potential bidders are advised to carefully review images, inspect the item in person (if possible; video call inspections are available upon request), consult their own experts, and bid accordingly. 

BUYERS PREMIUM

A premium of 15% of the successful bid price of each lot.

A charge of 15% HST (Harmonized Sales Tax) is applicable on the hammer price and buyer’s premium, except for purchases exported from Canada. In the case where purchases are shipped out of the province of New Brunswick, the HST or GST is charged based on the tax status of that province. 

PAYMENT

Jones Auction House accepts payment by cash, certified cheque, Interac E-Transfers, and wire transfers in Canadian Dollars, or credit card.  Credit card purchases are limited to a maximum of $20,000 CAD and the credit card holder must be present at the time of payment or pay by secure link. Please note that we do not accept credit card payment over the telephone. Invoices paid by credit card may be subject to a 2.5% fee.

Payment can be made locally in Saint John, New Brunswick.

ALL PRICES IN CANADIAN FUNDS.

SHIPPING

The purchaser must designate and arrange for the services of an independent shipper and be responsible for all shipping and insurance expenses.

There are a range of packing and shipping companies. Our auction clients often work with UPS Store #200 Saint John; they provide fully inclusive packaging, insuring, and shipping options: (506) 693-2679; store200@theupsstore.ca. We are happy to have your items ready for retrieval, packing, and shipping by a courier of your choice. Please note we will not be held responsible for the service or have any liability for providing this information or for any shipping arrangements made by the purchaser.

REMOVAL OF PURCHASES

Purchases must be paid for within 48 hours of receipt of invoice, and removed from premises within 10 days of the date of sale. Clients are advised that packing and/or handling of purchased lots by our employees or agents is undertaken solely as a courtesy for the convenience of clients.

CONDITIONS OF SALE

1. All lots are sold “AS IS”. Any description issued by the auctioneer of an article to be sold is subject to variation to be posted or announced verbally in the auction room prior to the time of sale. While the auctioneer has endeavoured not to mislead in the description issued, and the utmost care is taken to ensure the correct cataloguing of each item, such descriptions are purely statements of opinion and are not intended to constitute a representation to the prospective purchasers and no warranty of the correctness of such description is made. No sale will be set aside on account of lack of correspondence of the article with its description or its reproduction. Some lots are of an age and/or nature which preclude their being in pristine condition and some catalogue descriptions make reference to damage and/or restoration. The lack of such a reference does not imply that a lot is free from defects nor does any reference to certain defects imply the absence of others. Frames on artwork are not included in condition listings or reports. 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 or provenance of any lot or for any other errors of description or for any faults or defects in any lot, and no warranty whatsoever is given by the Auction House, its employees or agents in respect of any lot, and any express or implied conditions or warranties are hereby excluded, unless otherwise stated. It is the responsibility of prospective purchasers to inspect or have inspected each lot upon which they wish to bid, relying upon their own advisers, and to bid accordingly.

CONDITION OF WATCHES

Most watches are repaired in their lifetime and may include parts which are not original. We do not give a warranty that any individual component part of any watch is authentic. As luxury watches often have complex mechanisms, a general service, change of battery or further repair work may be necessary, for which the Buyer is responsible. We do not give a warranty that any watch is in good working order.

2. Each lot sold is subject to a 15% buyers premium as part of the purchase price.

3. Unless exempted by law, the buyer is required to pay Harmonized Sales Tax on the total purchase price including the buyer’s premium. For international buyers, taxes are not applicable when purchases are shipped out of country. Items shipped out of New Brunswick, the buyer is required to pay taxes as per the tax status of that province, whether it HST or GST (Goods and Services Tax).

4. The auctioneer reserves the right to withdraw any lot from sale at any time, to divide any lot or to combine any two or more lots at the auctioneer’s sole discretion, all without notice.

5. The auctioneer has the right to refuse any bid and to advance the bidding at the auctioneer’s absolute discretion. The auctioneer reserves the right not to accept and not to reject any bid. Without limitation, any bid which is not commensurate with the value of the article offered, or which is merely a nominal or fractional advance over the previous bid may not be recognized.

6. Each lot may be subject to an unpublished reserve which may be changed at any time by agreement between the auctioneer and the consignor. The auctioneer may bid, or direct an employee to bid, on behalf of the consignor as agreed between them. Reserves will not exceed the low estimate. In addition, the auctioneer may accept and submit absentee and telephone bids, to be executed by an employee of the auctioneer, pursuant to the instructions of prospective purchasers not in attendance at the sale. The auctioneer will notify the successful buyer that they have won the bid.

7. The highest bidder accepted by the auctioneer for any lot shall be the buyer and such buyer shall forthwith assume full risk and responsibility for the lot and must comply with such other Conditions of Sale as may be applicable. If any dispute should arise between bidders the auctioneer shall have the absolute discretion to designate the buyer or, at the auctioneer’s option, to withdraw any disputed lot from the sale, or to re-offer it at the same or a subsequent sale. The auctioneer’s decision in all cases shall be final.

8. Immediately after the purchase of a lot, the buyer shall pay or undertake to the satisfaction of the auctioneer with respect to payment of the whole or any part of the purchase price requested by the auctioneer, failing which the auctioneer’s sole discretion may cancel the sale, with or without re-offering the item for sale.

9. The buyer shall pay for all lots within 48 hours from the receipt of invoice. If payment arrangements have not been initiated by the buyer within 10 days following receipt of invoice, the buyer shall be charged 10% up to a maximum of $10,000 of the invoice total, which will be held as a deposit against payment for the property purchased. The buyer hereby authorizes Jones Auction House to charge the buyer’s registered credit card with the deposit in this case. In the event that final payment is not made within 14 days following receipt of invoice then Jones Auction House shall have the right to rescind the purchase and the deposit shall be retained by Jones Auction House as liquidated damages. The buyer shall not become the owner of the lot until paid for in full. Items must be removed within 10 days from the date of sale, after which storage charges may be incurred. 

10. Each lot purchased, unless the sale is cancelled as above, shall be held by the auctioneer at his premises or at a public warehouse at the sole risk of the buyer until fully paid for and taken away.

11. Jones Auction House accepts payment by cash, certified cheque, Interac E-Transfers, and wire transfers in Canadian Dollars, or credit card.  Credit card purchases are limited to a maximum of $20,000 CAD and the credit card holder must be present at the time of payment or pay by secure link. Please note that we do not accept credit card payment over the telephone. Invoices paid by credit card are subject to a 2.5% fee.

12. In the event of failure to pay for or remove articles within the aforementioned time limit, the auctioneer, without limitation of the rights of the consignor and the auctioneer against the buyer, may resell any of the articles affected. Failure to settle payment and/or collect the property from Jones Auction House within the deadlines listed above may lead to monthly interest charges of 2% in addition to the invoice amount and/or storage charges. In any event resulting in failure by the buyer to pay for property purchased within the deadlines listed above, Jones Auction House may re-offer the property for sale or auction. Should Jones Auction House reoffer the property, the original buyer shall be responsible to Jones Auction House and the Consignor for the following: any difference marked as a deficiency between the price achieved and amount invoiced upon the re-sale of the property versus the price achieved and amount invoiced to the buyer upon the original sale of the Property; any storage charges to Jones Auction House for the holding of the items between its original offering and the reoffering; and the total in sales commissions which Jones Auction House would have collected had the original sale of the property been completed.

13. It is the responsibility of the buyer to make all arrangements for insuring, packing and removing the property purchased and any assistance by the auctioneer or employees, agents or contractors, in packing or removal shall be rendered as a courtesy and without any liability to them.

14. The auctioneer acts solely as agent for the consignor and makes no representation as to any attribute of, title to, or restriction affecting the articles consigned for sale. Without limitation, the buyer understands that any item bought may be affected by the provisions of the Cultural Property Export Act (Canada).

15. The auctioneer reserves the right to refuse admission to the sale or to refuse to recognize any or all bids from any particular person or persons at any auction.