1. The term “hammer price” designates the price at which a lot has been bid up to by 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 Masters Gallery 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 closing of the sale, the client 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. In the case of fire or theft, or if for any other reason the auction house is prevented from delivering one or several lots or of completing a sale, a sale, the auction house’s responsibility is limited only to the amount paid by the buyer and the auction house will not under any circumstances compensate for the damages suffered.

6. Masters Gallery Ltd., its employees, and its representatives cannot be held responsible for any loss or 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 fourteen 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 Masters Gallery account, (b) certified cheque or bank draft issued by a Canadian institution, or (c) Visa, Mastercard or Union pay for up to a maximum of $50 000 per client per auction. To pay by credit card, the buyer can visit the gallery in person, or contact us at 403-245-2064 to discuss further. 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. 

8. Masters Gallery 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, Masters Gallery 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, Masters Gallery 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, Masters Gallery can submit an absentee bid on his or her 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. Masters Gallery 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. Neither 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 Masters Gallery at least 24 hours prior to the sale so the buyer may act as a third party representative. Masters Gallery 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 or herself 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 or her paddle number, be it in person, by telephone, or online, the bid cannot be withdrawn without the auctioneer’s consent. The decision whether or not to give consent, is made at the discretion of the auctioneer.

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 catalogue 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 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 Masters Gallery employee or representative has the authority to give a verbal or written guarantee.

19. All photographic representations of the lots included in this catalogue are solely for guidance and are not to be relied upon for colours, tones, textures, and imperfections of the lots.

20. If a buyer plans to export a lot, it is his or her responsibility to comply with the provisions regarding permits or bans on certain materials (for example, on illegal materials such as ivory).

21. Masters Gallery 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 catalogue are the exclusive property of Masters Gallery. It is prohibited to reproduce or to allow reproduction of this catalogue in whole or in part without prior written approval from Masters Gallery.

23. Masters Gallery reserves the right in perpetuity to use images of previously sold lots for promotional purposes.

24. Masters Gallery cannot be held liable for negligence or errors committed by the buyer or by the consignor of a lot.

25. Masters Gallery 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 Masters Gallery 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 Masters Gallery 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. Masters Gallery 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. Masters Gallery 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 on the fourteenth day following the auction without prior contact to the gallery, Masters Gallery 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 Masters Gallery 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 The Bank of Canada prime rate at time of the auction, adjusted monthly afterward.

f. Withhold the lot or any other lot sold to the buyer at the same auction or any other Masters Gallery 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 Masters Gallery auctions.

30. Masters Gallery's “Terms and Conditions of Sale” are governed by the laws and regulations of the province of Alberta. By bidding at a Masters Gallery auction, all buyers and 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 Alberta Court of Law.