Lot 51: Janet Mitchell The Owls in the Night

Live bidding may start higher or lower

$1 - 19,999:25.0%

$20,000+:25.0%

1. The total purchase price of each lot shall include the successful hammer price of the lot together with a buyer's premium of 20% of the hammer price. Purchases made online will be subject to an additional 5% buyer's premium.

2. A Goods and Services Tax of 5% will be charged on the hammer price and buyer's premium on all lots shipped to non-HST participating Provinces in Canada. A Goods and Services Tax (GST) of 5% and a Provincial Sales Tax (PST) of 7% will be added to the successful hammer price and buyer's premium for all lots purchased by B.C. residents or for delivery within B.C.. For lots shipped to Provinces participating in HST (excluding B.C.), a Harmonized Sales Tax equal to the destination Province's HST rate will be added to the successful hammer price and buyer's premium for all lots. Goods shipped outside of Canada are not subject to sales tax. Goods shipped out of province or country must be handled by a bona-fide carrier and be picked up by said carrier directly from the offices of the auctioneer.

3. Although Westbridge Fine Art Auction House takes great care and diligence in cataloguing of lots offered for auction, all property is sold "as is" and neither we nor our consignors or agents make any warranties or representations as to the correctness of the catalogue entry or other descriptions contained therein, of the physical conditions, size, authenticity, or quality. Prospective bidders should inspect the property before bidding to determine the condition, size, and whether the purchaser acquires any reproduction rights in the property.

4. Notwithstanding the preceding condition, if the purchaser can provide, within 14 days of the sale of any lot, written proof from at least two recognised and acknowledged experts or authorities that the said lot was incorrectly described in the catalogue, and if the purchaser returns the said lot within 14 days after such notice in the same condition as sold, we as agent for the consignor will rescind the sale and refund the purchase price.

5. We reserve the right to withdraw any property, catalogued or otherwise, up to, and including the moment of sale.

6. If the auctioneer decides, irrespective of any publicized or catalogued estimate, that any opening bid is below the value of the lot offered, he may reject the bid and withdraw the lot from sale, and if, having acknowledged an opening bid, he decides that any advance thereafter is insufficient, he may reject the advance.

7. With the fall of the auctioneer's hammer, title to the lot being offered will pass to the highest bidder acknowledged by the auctioneer, subject to the conditions set forth herein. The successful bidder thereupon will pay the full purchase price and assume full risk and responsibility for the said lot. At no time will the auction house, nor its employees nor agents, be liable for any loss or damage of any kind whether caused by negligence or otherwise. All property must be removed by the purchaser at his or her expense not later than three business days following its sale and if not so removed a handling charge of 5% of the purchase price per month will be payable by the purchaser until the property is removed.

8. Payment should be made in full on the day of the sale and MUST be made within 5 days of the sale by PayPal, cash, certified cheque, Visa, MasterCard, or bank draft, unless other arrangements have been made with the auctioneer prior to the sale.

With the fall of the auctioneer's hammer, title to the lot being offered will pass to the highest bidder acknowledged by the auctioneer, subject to the conditions set forth herein. The successful bidder thereupon will pay the full purchase price and assume full risk and responsibility for the said lot. At no time will the auction house, nor its employees nor agents, be liable for any loss or damage of any kind whether caused by negligence or otherwise. All property must be removed by the purchaser at his or her expense not later than three business days following its sale and if not so removed a handling charge of 5% of the purchase price per month will be payable by the purchaser until the property is removed.

Payment should be made in full on the day of the sale and MUST be made within 5 days of the sale by PayPal, cash, certified cheque, Visa, Mastercard, or bank draft, unless other arrangements have been made with the auctioneer prior to the sale. PLEASE NOTE: Due to the increase in PayPal transaction fees, we are only able to accept PayPal payments on amounts of $5000 and below.

Goods shipped out of province or country must be handled by a bona-fide carrier and be picked up by said carrier directly from the offices of the auctioneer, or delivered to said carrier by the auctioneer. Please note that Westbridge Fine Art Auction House Ltd. is NOT a packing & shipping company, and DOES NOT directly handle packing and shipping of artworks, except in special circumstances; packing of artworks will be handled by professional fine art packers. Westbridge Fine Art Auction House is happy to provide a packing & shipping quote from a reliable third-party art shipping service upon request (generally via UPS or affiliates or via Canada Post), and is able to facilitate pickup of all artworks from our location by said third-party for your convenience. Purchases shipped outside of Canada are sometimes subject to duty, customs, or brokerage fees which may not always be included in quotes, and are the sole responsibility of the buyer.

The total purchase price of each lot shall include the successful hammer price of the lot together with a buyer's premium of 20% of the hammer price.

Terms of Sale

These Terms of Sale are made by and between Legend Gallery ("Legend," "Auction House," "We," "Our" or "Us") and Bidder ("Purchaser," Buyer" or "Agent"). The Terms of Sale and all contents of the catalogue are subject to amendment by Legend Gallery either by the posting of notices or announcements made by auctioneer. By participating in any sale, Bidder hereby acknowledges to be bound by these terms and conditions.

1. The Purchase of and Payment for Property

The sale of a lot shall be to the highest bidder as determined by the auctioneer, in accord with these Terms of Sale. Title to the lot shall pass with the fall of the Auctioneer's hammer. Buyer shall pay the Purchase price, as defined above, and such other fees as may be due, in full, within five (5) days of the auction sale. Sale is not final and property will not be released to Buyer until good funds for all amounts due, are received by Legend Gallery.

We reserve the right to withdraw any property at any time. Unless otherwise announced by Auctioneer at the time of sale, all bids are per lot as numbered in the catalogue and no lot shall be divided for sale.

We reserve the right to reject a bid from any bidder. The highest bidder acknowledged by the Auctioneer shall be the Purchaser. In the event of any dispute between bidders, or in the event the Auctioneer doubts the validity of any bid, the Auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the lot in dispute. If any dispute arises after the sale, our sales records shall be preeminent in all respects.

If a lot is offered subject to reserve (the confidential minimum price below which a lot will not be sold), we may implement such a reserve by bidding on behalf of the consignor. CONSIGNORS MAY NOT BID ON THEIR OWN PROPERTY.

ALL PROPERTY IS SOLD "AS IS" AND NEITHER WE NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY.

International Bidders: YOU ARE RESPONSIBLE FOR MEETING ALL CUSTOMS/IMPORT/EXPORT REGULATIONS. WE CANNOT BE HELD LIABLE FOR DOMESTIC OR INTERNATIONAL LAWS AFFECTING THE DELIVERY OF YOUR ITEMS.

Payment may be made in: bank wire transfer, cashier's check, personal check with approved credit, cash or properly authorized Visa, MasterCard, or Discover Card. All fees, taxes, premiums or other sums due and not paid pursuant to this paragraph shall bear interest at 1.5 % per month from the 6th day following the sale to the date paid in full.

2. Buyer?s Premium

A Buyer's Premium of 25% is added to the winning bid price of each individual lot purchased. The winning bid price plus the premium constitute the total purchase price for the lot. Applicable sales taxes are computed based on this figure. This total becomes the final purchase price.

3. Collection of Property

All lots must be removed from our premises at the Purchaser's expense, no later than ten (10) days following the date of the sale. Purchaser will incur a $5 per day fee per lot until the sold property is removed. In addition, applicable interest on each lot not so removed will accrue. We reserve the right to transfer non-removed property to a storage facility at the Purchaser's risk and expense.

No property will be released until payment in full is made on the items. Packing, shipping and insurance (including reimbursement for damage or loss) of purchased lots is the responsibility of the Purchaser. We are not responsible for any delays on the part of third party shippers. We recommend shipping all items insured. Insurance costs through third party carriers will be borne by the Purchaser and in case of damage, insurance claims should be taken up with the third party carrier. Should any damage or loss occur to items transported by a third party shipper, we will not be held responsible for the outcome. This reimbursement, of course, only covers the actual cost of the items shipped.

Legend Gallery requires a written authorization from the client to release property to any third party.

Please notify us if you would like to add shipping and handling to your invoice and we will provide you with quotes. Please also notify us in writing of any instructions and different shipping address.