Terms and Conditions
Please note that all live- online sales at Gordon’s, take place in Canadian funds. At the time of writing Canadian Funds are roughly 65% of U.S. dollars. Therefore, a bid of $1,000 in Canadian Funds, would be approximately $650 in U.S. Funds. There is a currency converter on the bidding site and we recommend you use it whenever you are uncertain about the actual cost of the item in your own currency. On settlement you may find a small discrepancy between the amount the auction company has calculated as the amount owing in U.S. Funds, and the amount actually charged through on your credit card as a result of daily fluctuations in currency and the processing activities that take place between the card company and your bank. We will attempt to be as accurate as possible but suggest that some discrepancy is typical. The Canadian amount billed to your card will be precise.
Also, please be aware that all items shipped directly out of Canada will not be billed for either Provincial or Federal tax which would otherwise account for an additional 15% tax.
Governing Terms and Conditions
By choosing the Accept box, you have agreed that all of the Conditions of Sale and other provisions printed in the auction sale catalogue for the sale you have selected shall apply, together with the additional provisions set forth at this site applicable to online bidders (collectively referred to as "Terms and Conditions"). You also agree to accept all of these conditions and provisions without change.
Online bidding is made available by Gordon’s, as an alternative to telephone or other absentee bidding to accommodate bidders, who do not choose to personally attend auction sales. Gordon’s will not be liable for malfunctions, errors or omissions (hardware, software, electronic, human or otherwise), whether or not due to Gordon's fault or negligence, resulting in the inaccurate transmittal of bids, the failure to execute bids or any other irregularity.
Registration and Passwords
In order to register, you must use your real name, telephone number, e-mail address, and address. You must also truthfully provide all of the other information requested for registration. Only those who have made acceptable payment arrangements for purchases, by way of approved credit card or otherwise, will be permitted to register.
Passwords may be used only to gain access to this site for purposes of bidding, confirming purchases or other authorized activities, and reviewing your account. Please protect your password and do not disclose it to anyone, except those you authorize to use it. You are responsible for maintaining the security of your password and agree to be responsible for any unauthorized use of it. Please change your password if you believe it is no longer secure.
Verification and Credit Information
You hereby authorize Gordon's to communicate registration information to third parties and to obtain information from third parties to confirm the accuracy of information that you have supplied. You also authorize Gordon's to obtain credit card, credit and financial information about you (and your spouse, if you reside in a community property state), including requests by us for authentication, credit limits, credit history and other financial information.
Changes in Terms and Conditions of Sale
Please note that the information in the catalogue may be changed prior to or during the auction sale, by (i) written addenda to the catalogue, (ii) postings at the physical site of the sale, or (iii) auctioneer announcements. Information on this site may also change in the future and changes will be effective immediately. You should therefore review the information carefully each time you log-on for online bidding. This information is available in the area Registration & Bidding under the link Terms and Conditions. Revised information will become part of the conditions of sale for the auction and will be binding on you, whether or not you are aware of changes. It is your responsibility to ensure that you are bidding with the most current auction information and terms. By bidding online, you are agreeing to accept these responsibilities. Please carefully read the Conditions of Sale and all other information contained in this site.
Eligibility for Bidding Online
Only persons who are legally permitted under applicable law to enter into contracts and participate in online auctions are allowed to access and use this site. Minors and others not permitted under their state laws to enter into legally binding contracts or participate in online auctions are not permitted to bid or use this site.
Termination of Online Bidding
Gordon's shall have complete discretion, without liability, to refuse to accept any online bid or terminate online bidding for any bidder for any reason and at any time, including prior to or during an auction. In addition, Gordon's shall have the right to investigate the credit of any online bidder or the use of a credit card or other payment arrangement by any online bidder, and shall have the right to cancel any sale or require additional assurance of payment if, in Gordon's good faith judgment, there appears to be reasonable grounds to do so.
You agree at all times to comply with applicable laws. You are not permitted to register under a false name, use another person's name or password, give false information or supply false credit information. Appropriate law enforcement agencies may be notified of conduct that is believed to be a violation of state or federal law. Gordon's will cooperate with law enforcement investigations to ensure that those violating state or federal laws are prosecuted to the fullest extent of the law.
We are committed to protecting your privacy and to giving you choice about how the personal information we collect is used. The types of personal information collected at these pages are:
- Name - Address - Email address - Phone number - Username - Password - Credit/Debit Card Information - Notification Preferences (opt-in email notifications)
Information Use We use the information you provide when you are placing a bid, ordering a catalogue, or requesting information or services. This information is used to complete your request. We do not share this information with outside parties except to the extent necessary to complete those activities.
How To Contact Us Should you have other questions or concerns about these privacy policies, please call us at 800-267-2206 or send us an email at email@example.com.
Conditions of Sale
Conditions of Sale. The offering and sale of property by Gordon’s is subject to the following conditions of sale, as modified or supplemented by other provisions (a) of the Catalogue, (b) in written supplements to this catalogue or other written material prepared by Gordon's, (c) in notices posted by Gordon's, and (d) in announcements made by the auctioneer, prior to or at the time of the sale (the "Conditions of Sale").
Agent for Sale of Property. Unless otherwise stated, Gordon's is acting only as an agent for the consignor of property offered for sale, at auction or otherwise, in this catalogue (the "Property"). The consignor may either be the seller of the Property or an agent for the seller.
Agreement of Bidders and Purchasers. By bidding or buying at a sale, whether in person, through a representative, by written bid, online bid, telephone bid or other absentee bid, all bidders and purchasers agree to be bound by the Conditions of Sale.
2. Disclaimers Concerning the Property
As-Is. The consignor warrants good title to the purchaser. Gordon's makes no independent warranty of title. All Property is sold AS-IS, and all warranties, express or implied, including without limitation, the implied warranties of MERCHANTABILITY AND FITNESS FOR PURPOSE ARE SPECIFICALLY DISCLAIMED BY GORDON'S AND THE CONSIGNOR.
Descriptive Information. To the greatest extent permitted by applicable law, neither Gordon’s nor the consignor makes any representation or warranty with respect to the correctness or completeness of information about the Property, such as but not limited to the characteristics of age, condition, size, authenticity, genuineness, attribution, origin, quality, quantity, value, medium, material, period, culture, rarity, importance, provenance, exhibitions, literature or historical relevance of the Property. Neither Gordon's nor the consignor shall be liable, for damages or otherwise with respect to incorrect or incomplete information, except to the extent provided for in Paragraph 11 below.
Communications Not Intended as Binding. No information or statement communicated, at any time, to bidders or buyers by Gordon's (or its owners, employees, agents or representatives), orally or in writing, shall be deemed a legally binding representation or warranty (or assumption of liability) with respect to any of the above mentioned characteristics or other information about the Property, except to the extent applicable law specifically requires otherwise.
Inspection of Property. The Property is exhibited for inspection by bidders prior to the sale. It is the bidder's sole responsibility to be fully satisfied about the characteristics and condition of the Property, including matters relating to any restoration, repair or alteration of the Property. If a bidder or bidder's agent (not a Gordon's employee or representative) has not examined the Property, Gordon's recommends that bidder make no bid on the Property.
Intellectual Property Rights. No representation, express or implied, is made by Gordon's or the consignor as to whether or not a purchaser will acquire any reproduction rights, copyrights or other intellectual property rights in, or with respect to, the Property.
3. Sale to the Highest Bidder and Auctioneer's Determinations Final
Bidders are competing against other bidders who may be present in person at an auction or bidding by telephone, online or by other forms of absentee bids. A lot will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer.
Decision of Auctioneer Final. The auctioneer will also have the sole and exclusive power and authority, without liability, to (a) resolve any disputes between bidders, (b) determine whether to pass or re-offer any lot for sale, (c) reject or challenge any bid or advance in the bidding, and (d) otherwise regulate the bidding and its increments. If the auctioneer receives more than one bid of the same value, only the first received will be accepted. "Auctioneer" as used in these Conditions of Sale means an employee or representative of Gordon's duly licensed as an auctioneer or otherwise authorized by Gordon's to conduct an auction.
4. Buyer's Premium and Purchase Price
Buyer's Premium. All bidding at auction and purchases will be in Canadian Dollars. A buyer's premium in the amount of 13% of the successful high bid will be added to the amount of the successful bid price for all lots purchased at auction through online, absentee, or phone bidding.
Purchase Price and Taxes.
Upon the announcement by the auctioneer of the successful bidder, the purchaser will be responsible to pay the amount of the successful bid price, the buyer's premium, applicable taxes and other charges provided for in the Conditions of Sale. Applicable taxes shall include sales, use, excise, and other taxes or levies. Any goods purchased and shipped directly out of Ontario, will be exempt from Ontario Sales Tax (8%). Any goods shipped directly out of Canada, will be exempt from Canadian federal Goods and Services Tax (GST), (7%).
The Auctioneer reserves the right to reject any and all bids. On lots upon which there is a reserve, the Auctioneer shall have the right to bid on behalf of the seller, up to and including the reserve price but no further, in order to protect the reserve. Bidders should assume that all lots are offered subject to reserve unless specifically stated otherwise.
A range of estimates is sometimes given for each lot, with a low estimate and a high estimate. The estimates are merely guides for bidders and an opinion of Gordon's of the price a lot might bring at auction. Estimates are based, where possible, on prices that similar items have sold for in the past. The estimates are determined prior to the sale and are subject to revision to reflect changing market conditions. Estimates should not be relied on as a representation or prediction of the actual price a lot will be sold for. Actual selling prices could be significantly different from estimates. Gordon's will not be liable if the actual selling price is different from the estimate. Estimates do not include the buyer's premium, any applicable taxes or other charges.
7. Withdrawal of Property from Sale
Gordon's reserves the right to withdraw Property from sale for any reason and with no liability whatsoever for such withdrawal. If the auctioneer decides that any opening bid is below the reserve of the Property offered, the auctioneer may reject the bid and withdraw the Property from sale.
8. Payment, Collection and Shipping Responsibilities of Purchaser
Successful Purchaser Obligations.
On the fall of the auctioneer's hammer or other acknowledgment of a successful bidder on a lot, title to the Property in that lot will pass and the successful bidder thereupon (a) assumes full risk and responsibility for the purchased Property (including costs and expenses of handling, shipping, insurance, taxes, export and otherwise) and (b) will immediately pay the full purchase price, plus the buyers premium, applicable taxes and other expenses.
Collection of Property and Storage Charges.
The purchaser will pay for and remove the purchased Property from Gordon's premises at purchaser's risk and expense following the sale. If the purchased Property, is not removed from Gordon's premises within thirty (30) days after the sale, a $100 per lot per month or partial month storage fee will be charged.
Gordon's will provide a purchaser with the names of shipping companies, who are independent contractors or, alternatively assist the purchaser in arranging shipping at the purchaser’s sole cost and risk. Purchaser must arrange for, and pay the cost of insurance. Gordon's accepts no liability, risk or expense in connection with (i) its provision of names or recommendation of independent contractors, (ii) the shipping of purchased Property, or(iii) the services or acts or omissions of third parties with respect to the handling, packing or shipping of Property.
9. Methods of Payment and Fees
Acceptable Methods of Payment. A purchaser may use one or more of the following methods of payment: cash, valid and approved Visa or Mastercard or debit charge cards, wire transfers and certified cheques. Credit cards should be used for deposit only. Full payments should be made by certified cheque or preferably wire transfer.
Late Payment Charge. In addition to any other remedies available by law to Gordon's and the consignor, Gordon's reserves the right to impose from the date of sale a late charge of 2% per month (or if lower, the highest rate permitted by applicable law) of the total purchase price if payment is not made in accordance with the payment provisions of these Conditions of Sale.
10. Purchaser Default
Gordon's Remedies Upon Purchaser Default. If any provisions of the Conditions of Sale are not fully complied with by the purchaser, the purchaser will be in default. In addition to other remedies available to Gordon’s and the consignor by law, including the right to hold the purchaser liable for the total purchase price, including all premiums, charges and expenses specified in the Conditions of Sale, Gordon's may, at its option, (a) cancel the sale of the lot on which the purchaser defaulted, and of any other lot(s) sold to the defaulting purchaser at the same or any other auction(s), and retain as liquidated damages all payments made by the purchaser, (b) resell the purchased Property, whether at public auction or private sale, or (c) pursue any combination of 10 (a) and (b). In the event of any default by purchaser, purchaser will be liable to Gordon’s and the consignor for any deficiency, any and all costs and expenses, including reasonable attorneys' fees, collection fees and expenses, handling charges, late charges, expenses of both sales, premiums on both sales at Gordon's regular rates and other damages. Gordon's may, in its sole discretion, apply any proceeds of sale otherwise due to the purchaser or monies of purchaser in Gordon's possession to reduce or satisfy, if possible, the purchaser's obligations with respect to the unpaid lots and other deficiencies and damages.
As security for the full payment to Gordon's and the consignor of all amounts due from purchaser, Gordon's retains and purchaser grants to Gordon's a security interest in the Property purchased at auction and in any other property or money of purchaser in Gordon's possession or coming into Gordon's possession (collectively, "the collateral"). Gordon's shall have the rights and remedies of a secured creditor as provided by the Uniform Commercial Code and other applicable law. Such security interest shall cease as to the Property or other collateral when it is physically delivered to the purchaser or purchaser's agent.
11. Rescission by Purchaser
Limited Right of Rescission. If, within a reasonable time, not to exceed seven calendar days after the sale, the original purchaser (a) gives written notice to Gordon’s by certified mail alleging that the description, condition, weight, size, title, origin, provenance or other characteristics of a lot as set forth in the catalogue were grossly and materially inaccurate and misleading and substantially overstated the value of the Property, and (b) within five calendar days after such written notice, returns each item of Property in the lot to Gordon's in the same condition it was in at the time of sale, and (c) proves the truth of such allegations to Gordon's satisfaction, the sale of such lot will be rescinded. If Gordon's has not yet paid the consignor the amounts due as a result of the sale to the purchaser, Gordon's will refund the full purchase price to the purchaser. Refunds shall not include costs of transportation, insurance or other expenses, which may have been incurred by purchaser. If Gordon's has paid the consignor the amounts due consignor as a result of the sale, Gordon's will (i) refund to the purchaser the amount of the buyer's premium and taxes received from the purchaser, and (ii) make written demand upon the consignor for the payment of the balance of the purchase price. If the consignor fails to honor the written demand for a refund of the balance of the purchase price, Gordon's shall immediately furnish purchaser the name and address of the consignor, and shall assign to purchaser all of Gordon's rights for the return of the balance of the purchase price of the affected lot. Upon this disclosure and assignment, Gordon's will have no further liability to purchaser or responsibility to pursue the purchaser's claim. Gordon's will extend its reasonable cooperation to purchaser, provided that such cooperation does not require out-of-pocket expenditures by Gordon's.
Rescission Only by Original Purchaser. This limited right of rescission is available only to the original purchaser and may not be relied upon by any heir, agent, transferee, assign or other third party or assigned to any subsequent transferee of the Property which gave rise to the claim.
Exclusive Remedy. Purchaser acknowledges and expressly agrees that the provisions of this Paragraph 11 state the sole and exclusive remedy available to a purchaser in the event of a nonconformity in Property purchased, and Gordon's will not be liable for damages of any kind, except to the extent provided above, including without limitation, any compensatory, direct, indirect, incidental or consequential damages, whether or not caused by Gordon's fault or negligence, except to the extent applicable law does not permit Gordon's to exclude such liability.
12. Rescission by Gordon's
In the event Gordon's receives notice of an adverse claim with respect to purchased Property, Gordon’s shall have the right (but not the obligation), in its sole and absolute discretion, to rescind the sale to purchaser, upon written notice to purchaser. Upon such notice, purchaser will promptly return the purchased Property to Gordon's premises where purchased in the same condition as when purchased. Gordon's will then promptly refund the purchase price, including the buyer's premium and applicable taxes. Purchaser will have no further recourse against Gordon's or the consignor, and Gordon's and the consignor shall not be liable for any damages of any nature suffered by the purchaser, whether or not resulting from the fault or negligence of Gordon's or the consignor.
13. Governing Law
The law of the province of Ontario, and the Country of Canada shall govern.
14. Forum for Lawsuits
Consent of Bidders and Purchasers to Jurisdiction. If there is a lawsuit, each bidder and purchaser hereby consents to the jurisdiction of the federal court located in, and the provincial courts of, the Province of Ontario.
Lawsuits by Bidders and Purchasers Only in Certain Courts. Each bidder and purchaser hereby agrees that any lawsuit that bidder or purchaser may bring against Gordon's or the consignor will only be brought in the federal courts located in, or the provincial courts of, Ontario.
15. Limitation of Liability
Gordon's acts only as agent for the consignor and in no event will Gordon's be liable for any breach or default of the consignor. Without diminishing any exclusion of liability provision applicable to the specific matters covered in these Conditions of Sale, (a) in no event will Gordon's liability for any breach, or act or omission exceed the purchase price actually paid by the purchaser, and (b) in no event shall Gordon's have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of purchaser or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to (i) the Property or its purchase, sale, delivery or non-delivery, or (ii) the acts or omissions of Gordon's or Gordon's agents, representatives, owners, employees or affiliates.
Employee bidding. Gordon's employees are not prohibited from bidding at auction sales for their own accounts if they bid by absentee bid prior to the beginning of the auction.
Export or Import. An export license may be required from governmental agencies or departments for the export of items containing certain materials. Some countries prohibit the importation of items containing certain animal or other materials. It is the sole responsibility of purchasers to familiarize themselves with any required license, and import or export requirements or limitations. Gordon's will have no responsibility with regard to these matters. Inability to obtain a license or to import into or export to foreign countries or delays in connection therewith shall not constitute a basis for (a) a delay in purchaser's collection or paying for any purchase, (b) a rescission or cancellation of a purchase by purchaser or (c) purchaser not otherwise fully meeting purchaser's obligations to Gordon's.
Absentee Bids. For bidders who do not choose to attend a sale in person or for online auctions, Gordon's may accept absentee bids at no cost to bidders. Purchasers who wish to participate in auction sales as absentee bidders must complete the applicable forms printed elsewhere in (or along with) this catalogue, or available from Gordon’s and shall comply with and be bound by the additional provisions applicable to such bidding.
Severability. If any provision or portion thereof of the Conditions of Sale shall be void, unlawful or unenforceable under applicable law, that provision or portion thereof shall be deemed deleted and severed from the remaining provisions, and shall not affect the enforceability or validity of any of the remaining provisions.
These Conditions of Sale shall apply to both auction and private sales of Property.
No Assignment. Unless Gordon's consents in writing, purchasers may not assign their rights or any of their obligations relating to an auction or other sale by Gordon's. Any assignment without Gordon's consent will not be respected.
Complete Agreement and Binding Agreement. The Terms and Conditions (which for all purposes include the Conditions of Sale) contain all of the provisions applicable to the agreement between Gordon's, on the one hand, and each bidder and purchaser, on the other, with respect to the subject matter of the Terms and Conditions. The provisions of the Terms and Conditions supersede and extinguish all other agreements, representations or understandings, whether prior or contemporaneous, or oral or written, between the parties concerning that subject matter. The Terms and Conditions shall be binding on purchaser's heirs, beneficiaries, executors, successors and permitted assigns.
Contract Modifications and Waiver. The Terms and Conditions may not be changed, unless Gordon's and the purchaser have agreed to do so in a writing signed by both parties. No waiver shall be effective unless in writing and signed by the party alleged to have given the waiver. A waiver on one occasion by Gordon’s shall not be a waiver on any other or future occasion or affect Gordon's right to insist on strict performance of all other provisions.
Paragraph Headings. Paragraph and subparagraph headings are included in the Terms and Conditions for ease of reference and should not be used to interpret the meaning of the substantive provisions.
Terms of Absentee Bidding
If you do not choose to attend a Gordon’s auction in person, and wish to place bids, you may give Gordon's instructions to bid on your behalf. Our representative(s) will then try to purchase the designated lot or lots of your choice for the lowest price possible subject to an opening of no less than half the total absentee bid amount, and never for more than the top bid price in your instructions. You may also bid online. These services are provided for at the same cost as online bidding, and are confidential. The Conditions of Sale printed in the catalogue apply to all bidders, whether in person or absentee. By placing a bid in any manner at a Gordon's auction, the bidder acknowledges and agrees to be bound by the Conditions of Sale (including the terms for absentee bidding).
Please note: Gordon's offers its absentee bidding service as a convenience to our customers who choose not to attend an auction. While we will make every effort to execute your bid(s) pursuant to your instructions, Gordon's is not responsible or liable for error or failure to execute such bids or instructions.
Bidding Number To place any bid, including absentee bids, first obtain a bidding number from the Gordon's Business Office at 1473 Princess St, Kingston, Ontario, Canada. 800-267-2206
Gordon's Website: www.gordonsauction.com
Placing Absentee Bids. Use the absentee bid form. Be sure to accurately record the lot numbers and descriptions and the top price you are willing to pay for each lot. Do not leave the bid price "open". Buy or unlimited bids will not be accepted. Always indicate a top limit––the high amount you would be willing to bid if you were present at the auction. Always place your bids in the same order as the lot numbers appear in the catalogue. All absentee bid forms for telephone or written bids must be signed.
Each absentee bid form should contain bids only for one sale. The particular sale should be indicated at the appropriate place on the bid form. Please place your bid as early as possible. In the event of identical bids, the earliest received will take priority.
Bids may be placed by telephone during the sale, but are accepted only at Gordon's discretion and at the caller's risk. You may make arrangements before a sale for a Gordon's telephone bidder to contact you at a telephone number of your designation in order for you to participate in the bidding on particular lot(s). By bidding on the telephone, prospective purchasers consent and agree to the Conditions of Sale and other Terms and Conditions. Telephone bidding is a convenience offered to Gordon's customers and while we make every effort to execute your instructions regarding your telephone bidding, Gordon's is not liable or responsible for any errors or failure to execute such instructions.
Telephone Absentee Bids Gordon's recommends that all absentee bids submitted via telephone be confirmed in writing using the absentee bidding form in this catalogue, online or obtainable from Gordon's Business Office. If absentee bidding instructions are given to Gordon's and its representatives via telephone, but not confirmed in writing, the same instructions as for written absentee bidding shall apply. Further, by offering any absentee bid, whether in writing, online or via telephone, the bidder accepts and agrees to the Conditions of Sale for the auction.
Procedures for Successful Absentee Bidders On the fall of the auctioneer's hammer or other acknowledgment of a successful bidder on a lot, title to the property in that lot will pass and the successful bidder thereupon (a) assumes full risk and responsibility for the purchased property (including costs and expenses of handling, shipping, insurance, taxes, export and otherwise) and (b) will immediately pay the full purchase price, plus the buyer's premium, applicable taxes and other expenses upon receipt of Gordon's invoice detailing your purchase and all amounts due. Upon receipt of your invoice, you should immediately make arrangements with Gordon's for payment and the prompt removal of your purchases as set forth below.