1. ACCEPTANCE OF TERMS. These Terms and Conditions set forth the terms and conditions under which you may utilize the auction services offered by Michael Spooner Auctions Inc. (the “Auction House”). By placing a bid on an item at an auction run by the Auction House, whether in person, by agent, absentee bid, Internet, telephone or other means, you are deemed to have confirmed your acknowledgment and acceptance of these Terms and Conditions.

2. MINIMUM AGE. You must be at least 18 years of age to place a bid. The Auction House reserves the right to nullify any bid where it is determined to have been placed by a minor.

3. AUCTION HOUSE DISCRETION. The Auction House (including its agents) reserves the right, in its sole discretion, to:

(i) initiate and execute the bidding on any item;
(ii) remove any item, either before or during an auction;
(iii) refuse any bid, in its sole discretion;
(iv) exclude from the auction (and nullify any bids) of a person who behaves in a manner that is offensive, threatening, harassing or violent; and
(v) to conduct the auction of any item in person only, online only, or both.

4. BIDDING METHODS. Subject to the manner in which a particular auction is held, you may place a bid on an item:

(i) online;
(ii) by phone at 613 722-8321 613 220-1212; or
(iii) by absentee bid.

Registration to bid online must be completed on an auction-by-auction basis. The list of currently scheduled auctions can be found at: https://spoonerauctions.hibid.com/auctions/current/. Note that registration to bid online may require the acceptance of additional terms and conditions imposed by the Auction House’s third party online auction service provider. The Auction House does not warrant that the online auction site or any function contained therein will be uninterrupted or error-free, that defects will be corrected or that the site will be free of viruses or other harmful components. The Auction House also assumes no responsibility or liability for your internet connection, or any delayed bids.

Absentee bids can be arranged by submission of a completed Absentee Bid Form, found at http://www.spoonerauctions.com/AbsenteeBidForm.pdf.

You represent and warrant that all information you provide to the Auction House during the registration process will be true, accurate, current and complete. You must promptly update your information to keep it true, accurate, current and complete at all times.

You cannot retract or cancel a confirmed bid.

5. AS IS WHERE IS. You are encouraged to inspect each item you wish to bid on and to satisfy yourself as to the description, authenticity and overall condition of each item. By placing a bid, you confirm that you have examined, investigated and/or inquired as to the item to your complete satisfaction. All items are sold AS IS WHERE IS, with no guarantees or warranties (express or implied). The Auction House makes reasonable efforts to ensure the accuracy of catalogue descriptions and auctioneers’ statements regarding condition and vintage, but these statements are not warranted. You must rely solely upon your own judgment regarding the condition and authenticity of each item.

6. ERRORS. Occasionally, information concerning an item may contain typographical errors, inaccuracies or omissions. The Auction House reserves the right to correct such information at any time and shall not incur any liability as a result. It is your responsibility to review current information regarding an item prior to bidding.

7. MINIMUM BIDS. All items offered online will have a minimum starting bid as displayed on the online catalogue. Online bids lower than minimum will not be accepted.

8. WINNING BID. All items are sold to the highest bidder. Live on-floor bids will take precedence over bids of the same amount placed in any other manner. In the event of a any error or omission in the submission or processing of any bid, the auctioneer shall determine the successful bidder, and this decision shall be finding and binding. The Auction House shall make reasonable efforts to communicate with successful non-live bidders within 48 hours after auction to arrange payment method and shipping details.

9. BUYER’S PREMIUM. A buyer’s premium shall be added to the hammer price, as follows:
(i) For lots sold online, by phone or by absentee bid, the buyer’s premium shall be twenty percent (20%).

10. HST. 13% HST shall be added to the final item price (inclusive of applicable premiums), unless being directly shipped outside of Canada.

11. PAYMENT DUE. The buyer shall pay for all lots in full on the date of the Sale. Failure to do so will result in the imposition of a late fee of 2% per month (24% per annum) on the total invoice. Title to the item shall not pass to the buyer until the item is paid for in full. If payment is not received in a timely manner, the Auction House reserves the right to cancel the sale and sell the item to another buyer, in which case the initial buyer shall be liable to the Auction House for any shortfall.

12. PAYMENT METHODS. Upon completion of an auction, payment for items purchased by online, absentee or phone bidding will be automatically processed on the credit card provided at the time of registration. An invoice will be emailed to you once the payment is processed.
Payment for items purchased by in-person bidding may be made by:

(i) Cash;
(ii) Visa / Master Card (up to a limit of $5,000.00);
(iii) personal cheque with photo identification;
(iv) Interac/debit card.
(v) Bank wire

Bidders with a 0 or negative score on the Hibid platform must pay via Etransfer or Bank wire.

The Auction House reserves the right to require bidders to pay via Etransfer or Bank wire at its sole discretion.

A $35.00 fee will be incurred for all returned cheques.

A 2% discount will be applied to all payments made by in-person bidders via cash, cheque and interact/debit card.

Items purchased by credit card will only be shipped to the credit card billing address, which must be provided along with the security code on the credit card and associated telephone number.

13. SHIPPING. No item will be shipped until paid for in full. Packing and shipping (via UPS, Purolator, Fed EX or Canada Post) is available for a fee. The Auction House shall not be responsible for any loss or damage during shipping. If you require insurance against damage during shipping, UPS must package the item. All items will be shipped with a tracking number. All duties, import tariffs and taxes are the sole responsibility of the buyer. The Auction House shall not be responsible for any searches and seizures at international borders or their functional equivalents. Despite the foregoing, buyers must make their own arrangements for the pick-up and delivery of furniture.

14. REMOVAL OF ITEMS. No item may be removed, and title shall not pass, until the item is paid for in full. Auction House employees will assist clients in handling large pieces only after conclusion of the auction. All items must be removed by 11:00 am on the next day following the auction. Any items not picked up within thirty (30) days of auction will be deemed to be abandoned. The Auction House reserves the right to resell, donate or discard any abandoned items in its sole and absolute discretion and shall be entitled to retain any proceeds realized from the resale of any abandoned items. No refund shall be processed for any abandoned item. The Auction House assumes no responsibility for loss of or damage to items which are not immediately removed upon conclusion of the auction. No bailment or deposit of goods for safekeeping is intended or created hereunder.

15. HANDLING FEE. A handling fee will be charged to buyers who do not remove their items the next day following the auction by 11:00 am.

16. STORAGE. Storage services are available for a fee.

17. RETURNS. ALL SALES ARE FINAL. The Auction House assumes no responsibility whatsoever for any damage to or loss of an item after purchase. The only basis for a return of an item is where the buyer is able to prove, with a recognized expert’s comprehensive written report, that there was a material and fundamental error in the manner in which the item was described by the Auction House. In such a case, the Auction House shall provide a full refund. All claims must be submitted within seven (7) days of auction sale date. The Auction House shall not incur any cost associated with outside appraisals or opinions.

18. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AUCTION HOUSE (INCLUDING ITS AFFILIATES, CONTRACTORS, AND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, SUCCESSORS AND ASSIGNS), DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE ITEMS SOLD, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

19. FULL AND FINAL RELEASE. YOU HEREBY (FOR YOURSELF, YOUR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS) RELEASE AND FOREVER DISCHARGE THE AUCTION HOUSE, ITS ADMINISTRATORS, SUCCESSORS, ASSIGNS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS AND DEMANDS FOR, UPON OR BY REASON OF ANY DAMAGE, LOSS OR INJURY, TO PERSON AND PROPERTY, INCLUDING ECONOMIC LOSS, WHICH HERETOFORE HAS BEEN OR HEREAFTER MAY BE SUSTAINED IN CONSEQUENCE OF PARTICIPATION IN ANY AUCTION PROVIDED BY THE AUCTION HOUSE OR ANY ITEM PURCHASED VIA AN AUCTION PROVIDED BY THE AUCTION HOUSE.

20. LIMITATION OF LIABILITY. IN NO CIRCUMSTANCE WHATSOEVER SHALL THE AUCTION HOUSE BE LIABLE FOR (A) ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, OR (B) LOSS OF REVENUE, INCOME, PROFIT, SAVINGS OR BUSINESS OPPORTUNITY. THE AUCTION HOUSE’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO ANY AUCTION CONDUCTED BY IT OR ANY ITEM SOLD THEREUNDER SHALL NOT EXCEED THE AGGREGATE DOLLAR AMOUNT PAID FOR THE ITEM IN QUESTION. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES OR LIABILITY, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE AND EVEN IF THE AUCTION HOUSE HAS BEEN ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LIABILITIES.

21. FORCE MAJEURE. The Auction House shall not be liable to you for any delays or failure to perform any of its obligations under these Terms and Conditions during any period in which such performance is delayed or prevented by circumstances beyond its reasonable control including fire, flood, war, embargo, strike, riot or the intervention of any governmental authority.

22. UPDATES. The Auction House reserves the right to update these Terms and Conditions at any time, effective upon posting an updated version of the Terms and Conditions on its website at www.spoonerauctions.com/terms-and-conditions/.

23. CHOICE OF LANGUAGE. The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents, y compris tout avis qui s’y rattache, soient rédigés en langue anglaise.

24. GOVERNING LAW. These Terms and Conditions shall be governed by the laws of the Province of Ontario. Any proceeding pertaining to these Terms and Conditions shall be commenced in Ottawa, Ontario.

25. INQUIRIES: Email admin@spoonerauctions.com. The Auction House will attempt to respond to inquiries as soon as possible, but where an inquiry is made within 24 hours of an auction, a response may not be provided until after that auction.