SEPTEMBER 23 — 28, 2023
Latin American Art
SEPTEMBER 23 — 28, 2023
bid and view all lots online at www.waddingtons.ca
on view
Sunday, September 24 from 12 pm to 4 pm
Monday, September 25 from 10 am to 5 pm
Tuesday, September 26 from 10 am to 5 pm
preview held at 275 King Street East, 2nd Floor
Toronto, ON M5A 1K2
tel: 416-504-9100
toll free: 1-877-504-5700
director, international art
Goulven Le Morvan glm@waddingtons.ca
438-528-8489
consignment specialist, international art
Alicia Bojkov amb@waddingtons.ca
416-847-6176
administrator, international art Mary McMaster
internationalart@waddingtons.ca 416-504-9100 x 6202
front cover
Lot 21
MANUEL MENDIVE
THE BLUEBIRD, 2020
front inside cover Lot 10
RUBÉN BERLAND
CAMINANDO ENTRE
PALMAS, 2003
back inside cover
Lot 15
RENÉ PORTOCARRERO
CATHEDRAL, 1963
back cover Lot 13
TOMÁS SÁNCHEZ
PAISAJE CON
LUZ SUAVE, 1986
CARLOS MÉRIDA (1891-1984), GUATEMALAN
UNTITLED, 1954 mixed media on amate paper; signed and dated lower centre
13.5 ins x 11.5 ins; 34.3 cms x 29.2 cms
PROVENANCE:
Private Collection, Toronto, ON $2,000 — 3,000
CARLOS ROJAS (1933-1997), COLOMBIAN
UNTITLED, CIRCA 1960 oil on canvas; signed lower left 53.7 x 22.6 in — 136.5 x 57.5 cm
PROVENANCE:
Private Collection, Toronto, ON $6,000 — 8,000
MARIANO RODRÍGUEZ (1912-1990), CUBAN
MUJER CON TAMBOR BATÓ, 1947 ink and ink wash on paper; signed and dated “47” lower left sheet 11.1 ins x 8.7 ins; 28.1 cms x 21.2 cms
PROVENANCE:
Private Collection, Ottawa, ON
LITERATURE:
A certificate of authenticity signed by Alejandro Rodríguez will be delivered to the buyer. This work will be included in the forthcoming catalogue raisonné, “Mariano Rodríguez, Catalogue Raisonné Volume III.”
$5,500 — 7,500
4
MARIANO RODRÍGUEZ (1912-1990), CUBAN
GALLO (ROOSTER), 1973 oil on canvas; signed and dated “73” lower left 39.5 ins x 51.2 ins; 100.3 cms x 130 cms
PROVENANCE: Private Collection, Toronto, ON
LITERATURE:
A certificate of authenticity from the Estate of Mariano Rodríguez, signed by Dolores and Alejandro Rodríguez, will be delivered to the buyer. This work will be included in the forthcoming catalogue raisonné, “Mariano Rodríguez, Catalogue Raisonné Volume III” under the reference 777/23.
$10,000 — 15,000
JOSÉ MARÍA MIJARES (1921-2004), CUBAN
ARMONIA, CIRCA 1960 mixed media on hardboard; signed lower right
53.5 ins x 26.8 ins; 136 cms x 68 cms
PROVENANCE:
Private Collection, Ottawa, ON
LITERATURE: A certificate of authenticity signed by Maria Cabera de Miijares will be delivered to the buyer.
$10,000 — 15,000
6 VÍCTOR MANUEL (1897-1969), CUBAN
THE WOMAN IN THE RED DRESS oil on canvas; signed lower right
23.6 ins x 19.7 ins; 60 cms x 50 cms
PROVENANCE:
Private Collection, Toronto, ON
$10,000 — 15,000
VÍCTOR MANUEL
THE GRACES
(1897-1969), CUBAN
oil on canvas; signed and inscribed lower right 22.4 ins x 15.4 ins; 55.2 cms x 37.2 cms
PROVENANCE:
Private Collection, Toronto, ON
$10,000 — 15,000 8
VÍCTOR MANUEL (1897-1969),
COUPLE
CUBAN
gouache on paper mounted on hardboard; signed upper right 29.5 ins x 20.9 ins; 76 cms x 53.5 cms
PROVENANCE:
Private Collection, Toronto, ON
LITERATURE:
A national registration label from the Ministerio de Cultura of the Cuban Republic inscribed “17-1444/99” affixed verso.
$12,000 — 18,000
RUBÉN BERLAND (B. 1955), CUBAN
PAISAJE EN DORADO, 2004
acrylic on canvas; signed lower right; signed, titled and dated verso
55 ins x 32 ins; 121 cms x 153 cms
PROVENANCE:
Private Collection, Toronto, ON
$12,000 — 15,000
RUBÉN BERLAND (B. 1955), CUBAN
CAMINANDO ENTRE PALMAS, 2003
acrylic on canvas; signed lower right; signed, titled and dated verso
21.7 ins x 12.6 ins; 28 cms x 50.5 cms
PROVENANCE:
Legacy Fine Art, Panama; Private Collection, Toronto, ON
$8,000 — 12,000
RUBÉN BERLAND (B. 1955), CUBAN
VISION NOCTURNA
acrylic on canvas; signed lower right; signed and titled verso
15.4 ins x 11.4 ins; 34.6 cms x 27 cms
PROVENANCE:
Legacy Fine Art, Panama; Private Collection, Toronto, ON $7,000 — 9,000
12
RENÉ PORTOCARRERO (1912-1985), CUBAN
DREAMING WOMAN, 1962 oil on canvas; signed and dated “62” lower left 20.9 x 16.5 in — 53 x 42 cm
PROVENANCE: Private Collection, Toronto, ON $15,000 — 20,000
TOMÁS SÁNCHEZ
Born in 1948 in Aguada de Pasajeros, Cuba, Tomás Sánchez is widely considered to be one of Cuba’s greatest living artists. Best known for his detailed contemporary landscapes, Sánchez was trained in Havana at the San Alejandro School of Plastic Arts and later at the Escuela Nacional de Arte. His talent was recognized early on, and in 1980, the Miró Foundation in Barcelona awarded him the Joan Miró Drawing Prize. Four years later, he won the Amelia Peláez Award for painting at Havana’s first biennial and in 1985 his work was given a retrospective at the National Museum of Fine Arts in Havana. In 1989, Sánchez left Cuba to relocate to Mexico before moving to Florida. Today he divides his time between Miami and Costa Rica.
Sánchez’s paintings are carefully rendered and can often take months or years to construct. They often have an otherworldly or Surrealistic feel, drawn from the artist’s inner world. Sánchez has been practicing meditation for decades and sees his paintings as extensions of that practice. His landscapes are not sourced from specific geographies but are instead amalgamations of his imagination and the natural world. Sánchez has explained that “When I enter a state of meditation it’s as if I’m in a jungle or a forest; the mind enters into a great exhilarated state, like an exuberant jungle where you can experience fear, desire, anguish—all types of emotions and feelings. When I begin to feel that there’s a point of inner consciousness everything goes toward that inner space, that inner river. Everything goes toward that place of quiet, that realm of tranquility within the forest where there is a lake.”
Contrasting with the utopian landscapes for which he is best known is a series focused on wastelands produced by human overconsumption. The former can be seen as having a joyous, Edenic focus rooted in our natural world while the latter has been compared to a memento mori, an expression of the Dutch vanitas genre filtered through current climate change anxieties. The two currents contrast and bolster each other, alternately serene and urgent. Together they form a particularly contemporary view of the landscape, one which extends the mandate of Caspar David Friedrich, Henri Rousseau or the Hudson River School, which are often cited as influences. The viewer is left wondering whether the artist’s two themes depict heaven and hell, or perhaps simply heaven and earth.
Gabriel García Márquez wrote of Sánchez’s work, “It was not by accident that in a recent interview he let slip from his soul, ‘I always wanted to be a saint.’” There was no need for him to say so. Especially in this period of his prophetic landscapes that we conceive of as models of a joyous world, and in which Tomás Sánchez always paints his man: a tiny, solitary witness who will, forever after, be the guardian of the picture’s legitimacy. In the meantime, he continues correcting real reality, painting without rest with his gentle, alert, well-informed personality, with the invisible strings that keep us, his friends from all over the world, captive. For no one escapes the spell cast by Tomás Sánchez - the more we know his work, the more we love it and the more certain we are that if the world in fact deserves to be made again, it is because, as much as it can, it resembles his painting.”
TOMÁS SÁNCHEZ (B. 1948), CUBAN
PAISAJE CON LUZ SUAVE, 1986
casein on paper; signed and dated “86” lower right; signed, titled and dated verso sheet 18.5 x 25.2 in — 49.4 x 68.2 cm
PROVENANCE:
Private Collection, Toronto, ON
LITERATURE:
A certificate of authenticity from the Tomás Sánchez Studio, signed by the artist, will be delivered to the buyer.
$25,000 — 35,000
CARLOS ROJAS (1933-1997), COLOMBIAN PORTRAIT
oil on canvas; signed lower left 36.3 x 24.1 in — 92.3 x 61.1 cm
PROVENANCE:
Private Collection, Toronto, ON; By descent to the present Private Collection; Acquired in Bogotá, Colombia
$3,000 — 4,000
RENÉ PORTOCARRERO (1912-1985), CUBAN
CATHEDRAL, 1963
gouache on paper; signed and dated “63” lower left sight 22.8 x 14.6 in — 58 x 37 cm
PROVENANCE:
Private Collection, Toronto, ON $10,000 — 15,000 16
RENÉ PORTOCARRERO (1912-1985), CUBAN
WOMAN WITH BIRDS, 1981 gouache on paper mounted to hardboard; signed and dated “81” lower left; inscribed “Barraga” lower right verso
28.7 x 20.5 in — 73.5 x 52 cm
PROVENANCE:
Private Collection, Toronto, ON
LITERATURE:
A national registration label from the Ministerio de Cultura of the Cuban Republic inscribed “A0367/00” afffixed verso.
$15,000 — 20,000
RENÉ PORTOCARRERO (1912-1985), CUBAN
PORTRAIT OF A WOMAN, 1964
gouache on paper; signed and dated “64” lower left
sight 28.3 x 22.8 in — 71.5 x 59 cm
PROVENANCE:
Private Collection, Toronto, ON
$15,000 — 20,000
18
JOSÉ MARÍA MIJARES (1921-2004), CUBAN
ABSTRACT CREATURES AND LANDSCAPE, 1998
watercolour and ink on paper; signed and dated “98”
sheet 27.4 x 35.6 in — 69.5 x 90.3 cm
PROVENANCE:
Legacy Fine Art, Panama; Private Collection, Toronto, ON
$3,000 — 4,000
JOSÉ MARÍA MIJARES (1921-2004), CUBAN
WOMAN IN ABSTRACT DRESS, 1998 watercolour and ink on paper; signed and dated sheet 25 x 21.6 in — 63.5 x 54.9 cm
PROVENANCE:
Legacy Fine Art, Panama; Private Collection, Toronto, ON $3,000 — 4,000
20
JOSÉ MARÍA MIJARES (1921-2004), CUBAN
CABEZAS
oil on canvas; signed lower right 47.6 ins x 47.6 ins; 122 cms x 122 cms
PROVENANCE: Private Collection, Toronto, ON $4,000 — 6,000
MANUEL MENDIVE
Manuel Mendive is a Cuban painter, born in Havana in 1944. Immersed in AfroCuban traditions and the Yoruba religion (Santeria) since his youth, this deeply rooted cultural milieu shaped his artistic journey. His formal artistic education at the San Alejandro Academy of Fine Arts in Havana – the oldest art school in the country, founded in 1818 – was followed by studies in the Department of Ethnology and Folklore at the Academy of Sciences of Cuba and in Art History at the Faculty of Arts and Letters at the University of Havana, as mentioned in the Art Mendive Project.
Mendive’s art is a mix of African, Spanish, and Indigenous influences, making him one of the most important contemporary Cuban artists. His rich cultural background is conveyed in his work, bringing a contemporary insight into the history of slavery and African mythologies as they transformed the Caribbean Islands.
Since the 1970s, his art offers a unique combination of European and African styles, promoting Afro-Cuban culture and exploring the socio-cultural impacts of the African diaspora and how African culture arrived in Latin America due to the slave trade.
According to Carol Damian, Director of the Patricia & Phillip Frost Art Museum, “Manuel Mendive unites man’s body to the earth that generated him, to the plants and animals, water and sky, to Mother Nature in which he is a creature among creatures, and in which he finds the reason, time and space of his very existence. It is a totalizing concept of art in which the pictorial mixes with that of the body and soul to reach an intense emotional height, where art and spirit reflect harmony and peace of mind.”
MANUEL MENDIVE (B. 1944), CUBAN
THE BLUEBIRD, 2020 acrylic on canvas; signed and dated lower right 33.2 ins x 39 ins; 84.3 cms x 99 cms
PROVENANCE:
Private Collection, Ottawa, ON
LITERATURE:
A certificate of authenticity from the Mendive Art Project, signed by the artist and Alexander González Carbó, will be delivered to the buyer. This artwork is registered under the number 2020-P-004. $40,000 — 60,000
22
MANUEL MENDIVE (B. 1944), CUBAN UNTITLED, 2004 gouache on paper; signed and dated lower right 22 ins x 29.9 ins; 58.1 cms x 77 cms
PROVENANCE: Private Collection, Ottawa, ON
LITERATURE:
A certificate of authenticity from the Mendive Art Project, signed by the artist and Alexander González Carbó, will be delivered to the buyer. This artwork is registered under the number 2004-P-031. $15,000 — 20,000
SALVADOR CORRATGÉ FERRARA (1928-2014), CUBAN
UNTITLED, FROM THE SERIES
“UN COLOR PARA ESTE MIEDO,” 2000 pastel and mixed media on paper; signed and dated lower right; signed and inscribed verso sheet 19.9 ins x 27.8 ins; 50.6 cms x 70.5 cms
PROVENANCE:
Private Collection, Ottawa, ON $800 — 1,200
24
SALVADOR CORRATGÉ FERRARA (1928-2014), CUBAN
UNTITLED, 2000 pastel on paper; signed and dated lower right; inscribed verso sheet 17.3 ins x 25 ins; 44 cms x 63.5 cms
PROVENANCE:
Private Collection, Ottawa, ON $800 — 1,200
SALVADOR CORRATGÉ FERRARA (1928-2014), CUBAN
UNTITLED, FROM THE SERIES
“UN COLOR PARA ESTE MIEDO,” 2000 pastel and mixed media on paper; signed and dated lower right; inscribed verso sheet 20.1 ins x 27.8 ins; 51 cms x 70.5 cms
PROVENANCE:
Private Collection, Ottawa, ON $800 — 1,200
26
PEDRO DE ORÁA (1931-2020), CUBAN
UNTITLED TRIPTYCH, 2019 acrylic on canvas; each panel signed and dated “19” verso overall 53.1 ins x 17.7 ins; 135 cms x 45 cms
PROVENANCE:
Private Collection, Ottawa, ON
LITERATURE:
Four certificates of authenticity from Arte Video Producíon, signed by the artist, will be delivered to the buyer (one for the triptych and one for each individual canvas).
$12,000 — 18,000
ARTURO MONTOTO (B. 1953), CUBAN ESPERANDO EL CONTINIDO (WAITING FOR THE CONTENT) XII, 1999 oil on linen; signed, dated “09” and inscribed “XII”; titled and dated verso 43.3 x 51.2 in — 110 x 130 cm
PROVENANCE:
Private Collection, Toronto, ON $6,000 — 8,000
28
ALONSO CARVAJAL (20TH CENTURY), COLOMBIAN STILL LIFE WITH MUSICAL INSTRUMENTS, 2003 oil on canvas; signed and dated 27.6 x 39.5 in — 70 x 100.3 cm
PROVENANCE: Private Collection, Toronto, ON $5,000 — 8,000
JUAN ROBERTO DIAGO (B. 1971), CUBAN
UNTITLED, 2021
mixed media on canvas; signed lower right; signed and dated verso
19.7 ins x 27.6 ins; 50 cms x 70 cms
PROVENANCE:
Private Collection, Ottawa, ON
LITERATURE:
A certificate of authenticity signed by the artist will be delivered to the buyer.
$7,000 — 9,000
30
JUAN ROBERTO DIAGO (B. 1971), CUBAN
YO, 2002
mixed media on canvas; signed and titled; signed, titled and dated verso
19.7 ins x 27.6 ins; 80 cms x 60 cms
PROVENANCE: Private Collection, Ottawa, ON
LITERATURE:
A certificate of authenticity signed by the artists and dated from 2002 will be delivered to the buyer.
$15,000 — 20,000
TRINIDAD OSORIO (1929-2002), MEXICAN MUJER
oil on canvas; signed upper right 39.4 ins x 27.6 ins; 100 cms x 70.2 cms
PROVENANCE: Private Collection, Toronto, ON $1,000 — 1,500 32
ALEJANDRO COLUNGA (B. 1948), MEXICAN UNTITLED, 2007
acrylic on canvas mounted to canvas; signed and dated “07” lower edge sight 22 ins x 16.1 ins; 56 cms x 41 cms
PROVENANCE: Private Collection, Toronto, ON $1,000 — 1,500
JESÚS REYES FERREIRA (1880-1977), MEXICAN
UNTITLED
aniline dye on paper; signed and dated sight 27.5 ins x 17 ins; 67.2 cms x 42.3 cms
PROVENANCE:
Private Collection, Toronto, ON $800 — 1,200
CARLOS ALBERTO DE ARAUJO (B. 1950), BRAZILIAN
UNTITLED oil on panel; signed lower right 42.9 x 39 in — 109 x 99 cm
PROVENANCE:
Private Collection, Toronto, ON $4,000 — 6,000
SILFRIDO IBARRA (B. 1954), PANAMANIAN
THE RANCH
acrylic on canvas; signed lower right 53.1 ins x 66.9 ins; 133 cms x 171 cms
PROVENANCE:
Private Collection, Toronto, ON $6,000 — 8,000
EDUARDO M. ABELA TORRÁS (B. 1963), CUBAN
LA FUGA, 2006
acrylic on canvas; signed, titled and dated verso 23.6 x 15.7 in — 60 x 40 cm
PROVENANCE: Private Collection, Toronto, ON $4,000 — 6,000
RAÚL ANGUIANO (1915-2006), MEXICAN
WOMAN WITH POTS AT THE MARKET, 1975 pastel on paper; signed and dated “75” lower right 26 ins x 20 ins; 66 cms x 50.8 cms
PROVENANCE:
Private Collection, Ontario
$800 — 1,200
Editions
NOVEMBER 18 — 23, 2023
All lots will be offered and sold subject to the Conditions of Sale which appear in this catalogue as well as any Glossary and posted or oral announcements. By bidding at auction, bidders are bound by those Conditions and Glossary, as amended by any announcements or posted notices, which together form the contract of sale between the successful bidder (buyer), Waddington’s™ (auctioneer) and the consignor (seller) of the lot. Description or photographs of lots are not warranties and each lot is sold “as is” in accordance with the Conditions of Sale.
condition of lots
All of the items are to be considered, unless otherwise noted in the catalogue description or condition report, 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. If you are particular about minor flaws, you should have our staff answer any questions before bidding. Sizes are approximate. Frames on artwork are not included as part of purchase or condition. 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, fax, email or in person. You are advised to make any requests well in advance of the sale.
buyer’s premium
Waddington’s charges a buyer’s premium of 23% on the hammer price up to and including $25,000 CAD. Hammer prices in excess of $25,000 CAD will be charged a buyer’s premium of 20%. Buyer’s premium and applicable Canadian taxes are added to the hammer price.
A charge of 13% HST (Harmonized Sales Tax) is applicable on the hammer price and buyer’s premium except for any items directly shipped from our premises out of Canada. In the case where purchases are shipped out of the province of Ontario, the HST or GST is charged based on the tax status of that province.
payment
Payment for purchases must be by cash; interac direct debit (CDN clients in person only); certified cheque (U.S. & Overseas not applicable); bank draft; E-Transfer; Wire Transfer (fee applies); visa or Mastercard (up to $25,000).
all transactions are conducted in canadian dollars (cad)
shipping
The auctioneers will not undertake packing or shipping. The purchaser must designate and arrange for the services of an independent shipper and be responsible for all shipping and insurance expenses. The auctioneers will, upon request, provide names of professional packers and shippers but will not be held responsible for the service or have any liability for providing this information. Reliable preauction estimates of shipping costs of lots offered in this sale may be obtained from:
PakShip
905-470-6874 / 416-293-8225 / 905-470-6875 taurus@pakship.ca / www.pakship.ca
Safer Shipping Inc.
416-299-3367 / 416-299-9750 perry@safershipping.ca / www.safershipping.ca
removal of purchases
Purchases must be paid for within 48 hours of the date of the sale, and removed from premises within 10 days of the date of sale (see Conditions of Sale, conditions 8 to 15). 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.
cites
Restrictions exist regarding the import and export of species protected under CITES (Convention on International Trade in Endangered Species). This includes but is not limited to items made of or containing bone (whalebone etc.), ivory, tortoise shell, seal skin, rhinoceros horn and any other animal part and is strictly controlled or forbidden by most countries.
Please review your country’s laws before bidding on pieces made of or containing these restricted items. It is the sole responsibility of the buyer to inquire about and obtain the proper permits for artwork purchased that may contain restricted materials, if such permit can be obtained.
Please contact the department for further assistance. Failure to obtain necessary import/ export permits will not void any sale.
All Narwhal Tusks must have a Marine Harvest Number or a Marine and Mammal Transport number to be sold at Waddington’s.
For more information please visit: www.cites.org
insurance
A 1% insurance charge, based on the hammer price of the property, will be applied to all accounts.
auction advice
For auction advice on paintings, drawings, prints, jewellery, and various forms of decorative arts and other collectibles, please contact us via email or telephone.
We are pleased to review emails containing photographs and information on your pieces in order to provide auction estimates for you to consider.
For collections with a variety of objects, please contact our Appraisals and Consignments department (consignments@waddingtons.ca). For department-specific inquiries, please contact the specialist and/or department directly. All contact information can be found at www.waddingtons.ca.
Our offices are located in Toronto and Vancouver, but our specialists occasionally travel to major Canadian cities to meet with prospective consignors. To receive more information on Valuation Days across Canada or to arrange an appointment, please contact our Toronto office (416-504-9100).
Please note that property typically arrives at Waddington’s at least three months before the sale in order to allow our specialists time to research, catalogue, photograph and promote the items. Consignors will receive a contract to sign, setting forth terms and fees for our services.
Conditions of Sale
1. Each lot is subject to a premium of 23% on the hammer price up to and including $25,000 CAD. Hammer prices in excess of $25,000 CAD will be charged a buyer’s premium of 20%. Buyer’s premium and applicable Canadian taxes are added to the hammer price.
2. Unless exempted by law, the buyer is required to pay Federal Good and Services Tax on the total purchase price including the buyer’s premium.
3. 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 his sole discretion, all without notice.
4. The auctioneer has the right to refuse any bid and to advance the bidding at his 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.
5. 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. 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.
6 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 his 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.
7. 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 in his sole discretion may cancel the sale, with or without re-offering the item for sale.
8. The buyer shall pay for all lots within 48 hours from the date of the sale, after which a late charge of 2% per month on the total invoice may be incurred or the auctioneer, in his sole discretion, may cancel the sale. 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.
9. 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.
10. 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 online and/or announced via email prior to the time of sale. While the auctioneer has endeavored 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. 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. It is the responsibility of prospective purchasers to inspect or have inspected each lot upon which they wish to bid and to bid accordingly.
11. Payment for purchases must be by cash; interac direct debit (CDN client in person only); certified cheque (U.S. & Overseas not applicable); bank draft; E-Transfer; Wire Transfer (fee applies); visa or Mastercard (up to $25,000).
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, and in such case the original buyer shall be responsible to the auctioneer and the consignor for:
(a) any deficiency in price between the r e-sale amount and the amount to have been paid by the original buyer
(b) any reasonable charge by the auctioneer for the storage of such articles until payment and removal by the subsequent buyer and
(c) the amount of commission which the auctioneer would have earned had payment been made in full by the original buyer.
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 his servants, 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.