Lot # : 91 - MALCOLM CALLAWAY "DANIELLE 1979" PAINTING

TERMS AND CONDITIONS - ONLINE AUCTION SALE Please ensure that you carefully review and understand the Terms and Conditions of this online auction sale prior to engaging in any bidding activities. By participating in this online auction sale (e.g., by bidding), you agree to abide by the following Terms and Conditions. In the following Terms and Conditions, an individual who registers to place bids in the online auction sale is referred to as the "Bidder", a successful Bidder (i.e., the highest Bidder) who wins one or more of the items/lots for sale in the online auction is referred to as the "Buyer", and Moe's Auction House (Moe's Auctioneering Service Inc.) is referred to as the "Auctioneer". *****PLEASE READ (Updated June 6, 2024)***** (1) ELIGIBILITY AND UNDERSTANDING: Prior to registration, Bidders must be of legal age and must carefully read and comprehend the Terms and Conditions for the Online Auction Sale. (2) SOFT CLOSE AUCTION EXTENSION: In the event that a bid is placed within the final three minutes of the auction for an item/lot, the bidding time for that item/lot will be extended by an additional three minutes. (3) BUYER'S PREMIUM AND SALES TAX: A 15% Buyer's premium (for administrative costs, including subscription fees for auction management software and supporting software, HiBid internet bidding fees, credit card processing fees, accounting fees, payroll service fees, insurance, building utilities, office supplies, and other overhead costs) will be added to the final sale price of all items/lots, followed by the application of 15% harmonized sales tax (HST) to the total invoice amount (since the point of sale is in the Canadian province of Prince Edward Island [PEI]). If a Buyer requires shipping to a Canadian province other than PEI or to a country other than Canada, the sales tax will be adjusted or removed accordingly based on the place of supply, and this change will be reflected on the updated invoice/receipt that is issued after the applicable charges for shipping and handling have been calculated. Refer to section 8 of these Terms and Conditions for more information regarding shipping. (4) BIDDER INFORMATION, CREDIT CARD ON FILE, AND METHODS OF PAYMENT: All Bidders are required to register for the auction through the HiBid online auction platform website. As part of this online registration process, the Bidder must complete a Bidder information form and furnish valid credit card details to Moe's Auctioneering Service Inc., which will be kept on file by the Auctioneer within secure auction management software associated with the HiBid online auction platform. This information is required for identity and age verification purposes. Please note that HiBid independently completes a credit card verification process that may involve placing a $1 USD temporary charge on your card. This third-party HiBid charge (if applicable) will fall off your statement within 5-7 business days. Our system will authorize the Bidder's credit card on file; however, the Auctioneer will only apply charges to the card if the Bidder becomes a Buyer by successfully placing the highest bid on one or more of the items/lots for sale in the auction, thereby winning the item(s)/lot(s) in question (refer to section 13 of these Terms and Conditions). Unless the Buyer makes alternative arrangements with the Auctioneer in advance, all applicable charges related to the Buyer's winning bid(s) will be automatically applied to the Buyer's credit card on file immediately after the auction closes, and the Auctioneer will send an electronic receipt to the Buyer via email shortly thereafter. If you would prefer to pay by e-transfer or PayPal instead of having your credit card automatically charged, please email support@moesauctions.com in advance of the auction closing to indicate this preference; we will try our best to accommodate any such requests submitted in a timely manner (i.e., at least one hour before the time that the online bidding period for the auction is scheduled to begin closing). If PayPal is your preferred method of payment, please note that 4% must be added to your invoice total (including Buyer's premium and sales tax) to cover PayPal's service fees. In cases where a Buyer's invoice total exceeds $500, we are pleased to offer a 2% discount on the total sale price if payment is made by e-transfer (rather than by credit card or by PayPal). This 2% discount will be achieved by reducing the Buyer's premium from 15% to 13%. Please note that this discount cannot be applied retroactively after the Buyer's credit card has already been charged. Accordingly, the Buyer must make arrangements to pay by e-transfer in advance of the auction closing, as described above - since Buyer credit cards are otherwise automatically charged when the auction closes. (5) PAYMENT REQUIRED IN A TIMELY MANNER: The Auctioneer reserves the right to keep and resell, on behalf of the consignor, any item(s)/lot(s) that the Buyer has not yet paid for in full (i.e., with all funds received by Auctioneer) within three business days after the auction closing date. A Buyer's failure to pay for item(s)/lot(s) won in the auction may result in legal action against the Buyer. (6) PICK-UP PROCEDURE: The scheduled pick-up event date(s) and time(s) for Buyers to collect their items/lots are indicated under the "Auction Information" section of the HiBid webpage for the auction and are also stated on the receipts/invoices that the Auctioneer issues to Buyers. Please notify the Auctioneer in advance of pick-up if someone else will be collecting your item(s)/lot(s) on your behalf. Unless the Buyer has made alternative arrangements with the Auctioneer in advance of the auction closing, Buyers are expected to collect their items/lots during the scheduled pick-up event timeframe and must provide their own assistance, tools, and materials for packing and transporting their items/lots away from the Auction House premises. The Auctioneer will not release any item/lot to the Buyer for which there is an unpaid balance owing. Any item(s)/lot(s) that remain uncollected by the Buyer (i.e., any item[s]/lot[s] left by the Buyer either at the Auction House or at the off-site auction location, as applicable) beyond the timeframes specified under section 9 of these Terms and Conditions may incur additional fees and/or be considered abandoned and forfeited by the Buyer without refund or reimbursement. Refer to section 9 of these Terms and Conditions for more details. (7) CONDITION OF ITEMS/LOTS SOLD IN AUCTION AND OPPORTUNITY TO PREVIEW ITEMS/LOTS IN-PERSON: Each and every item/lot in the auction is sold "AS IS, WHERE IS"; in its present condition; with no representations, warranties, or guarantees, either express or implied; and all sales are final. The Auctioneer strives to provide accurate descriptions and images of the items/lots for sale in our auctions. Although our item/lot descriptions are believed to be accurate, they are not guaranteed. The auction catalogue is intended solely as a guide or reference, and no sale will be invalidated due to any defects or inaccuracies in the catalogue. We always try our best to note any known damage and/or other known condition issues (if applicable) in our item/lot descriptions and also to include photographs showing any known damage and/or other known condition issues (if applicable) in our online catalogue. Unfortunately, sometimes things get missed, which is why we hold preview events for all of our auctions. These preview events give prospective bidders the opportunity to browse and inspect items/lots in-person so that they can make fully informed bidding decisions. The scheduled preview event date(s) and time(s) for the auction are indicated under the "Auction Information" section of the HiBid webpage for the auction. The absence of a condition statement in the description for an item/lot, and/or the absence of photographs showing damage and/or other condition issues for an item/lot, does not imply that the item/lot is in perfect condition or is completely free from damage or other flaws, faults, defects, or imperfections, including (but not necessarily limited to) blemishes, wear and tear, and the effects of aging. Due to time constraints, the Auctioneer does not test the electronics in our auctions, or any of the other items/lots in our auctions, for functionality unless noted otherwise for a specific item/lot in our catalogue (if applicable). Bidders may submit specific condition requests to the Auctioneer by phone (902-330-MOES [6637]) or email (support@moesauctions.com). Any condition statement given by the Auctioneer, as a courtesy to a Bidder, is only an opinion and should not be treated as a statement of fact. The Auctioneer shall have no responsibility or liability for any error or omission regarding the condition of any items/lots sold in our auctions. (8) SHIPPING AND DELIVERY: The Auctioneer offers in-house shipping for most items/lots to any destination, and delivery of large items (e.g., furniture) locally within PEI, provided the Buyer covers the associated costs. We ask Buyers who require shipping or delivery to please submit an online Shipping Request Form through our website (www.moesauctions.com/shipping) to start the process of getting your item(s) shipped/delivered to you. For shipping, we typically use Canada Post's expedited parcel service (the rate for which is calculated based on total size and weight, including packaging) and insure the parcel for the paid value of eligible item(s). There is an additional charge for any packing materials that may be required, as well as a labour charge of $25/hour for the time spent by Auction House staff packaging the items and preparing them for shipment (e.g., we would charge $12.50 for a half-hour of time). Unless the Buyer requests otherwise on the Shipping Request Form, the Auctioneer will charge the Buyer's credit card on file for the cost of shipping, handling, and materials as soon as the applicable costs have been calculated and then will issue an electronic receipt to the Buyer by email. Please note that we will not process the shipment of any items/lots for which there is an unpaid balance owing, and that items/lots will only be released for shipment after the applicable charge for shipping, handling, and materials has been paid in full. The Buyer is advised that Canada Post considers certain items to be non-insurable for loss and/or damage. For example, bank notes and coins are non-insurable for loss or damage, whereas fragile items (e.g., ceramics, glass, porcelain, mirrors, crystal, pottery, and china) are insurable for loss but non-insurable for damage. More information about Canada Post's insurance exclusions and restrictions can be found on their website (https://www.canadapost-postescanada.ca/cpc/en/support/kb/claims/non-insurable-contents.page). The Auctioneer is not responsible for any loss or damage that may occur after an item/package leaves the Auction House for shipment by a third-party carrier (e.g., Canada Post, a courier, or a transport/shipping/moving company) and shall not be held liable in the event of any such loss or damage. Although we always try our best to package items so that they are safe in transit, unfortunately we cannot guarantee the safe delivery of shipped items, nor can we guarantee that Canada Post will honour loss/damage claims for eligible insured items. Accordingly, shipping requests are ultimately at the Buyer's own risk. Please visit *** www.moesauctions.com/shipping *** for more information about our approach to shipping/delivery and to submit your online Shipping Request Form. (9) BUYER'S RESPONSIBILITY TO COLLECT THEIR ITEMS/LOTS (OR MAKE SHIPPING/DELIVERY ARRANGEMENTS) IN A TIMELY MANNER: The scheduled pick-up date(s), time(s), and location(s) for Buyers to collect their items/lots are indicated under the "Auction Information" section of the HiBid webpage for the auction and are also stated on the receipts/invoices that the Auctioneer issues to Buyers. Space is quite limited at the Auction House as we prepare for upcoming auctions, so we ask Buyers to please make all reasonable efforts to collect your item(s) within the scheduled pick-up timeframe. 9a. THE FOLLOWING APPLIES ONLY TO "ON-SITE" AUCTIONS (i.e., AUCTIONS LOCATED AT MOE'S AUCTION HOUSE IN CRAPAUD, PEI): Unless the Buyer has made alternative arrangements with the Auctioneer in advance of the auction closing, any item(s)/lot(s) not collected by the Buyer (or for which prior arrangements for shipping or delivery have not been made by the Buyer in accordance with section 8 of these Terms and Conditions) within 7 calendar days after the auction closing date will incur a storage fee, of up to $15 per item/lot per day, charged to the Buyer's credit card on file. We will not release any item/lot to the Buyer for which there is an unpaid balance owing, including an unpaid balance for storage fees (if applicable). Unless the Buyer has made alternative arrangements with the Auctioneer in advance of the auction closing, any item(s)/lot(s) not collected by the Buyer (or for which prior arrangements for shipping or delivery have not been made by the Buyer in accordance with section 8 of these Terms and Conditions) within 14 calendar days after the auction closing date will be considered abandoned and forfeited by the Buyer. Any such item(s)/lot(s) may be resold, donated, or otherwise disposed of by the Auctioneer, at the discretion of the Auctioneer, with no further notice to the Buyer and no refund or reimbursement to the Buyer. Additionally, any item(s)/lot(s) remaining at the Auction House beyond this 14-day timeframe may be removed and disposed of at the cost of the Buyer (e.g., transportation and landfill fees), which would be charged to the Buyer's credit card on file. In consideration of the above, please do NOT bid on any item(s)/lot(s) in the auction if you do not fully intend to collect your item(s)/lot(s) in a timely manner! 9b. THE FOLLOWING APPLIES ONLY TO "OFF-SITE" AUCTIONS (i.e., AUCTIONS LOCATED AT PREMISES OTHER THAN MOE'S AUCTION HOUSE IN CRAPAUD, PEI): Unless the Buyer has made alternative arrangements with the Auctioneer in advance of the auction closing, any item(s)/lot(s) not collected by the Buyer during the scheduled pick-up event for the auction (or for which prior arrangements for shipping or delivery have not been made by the Buyer in accordance with section 8 of these Terms and Conditions) are at risk of being considered abandoned and forfeited by the Buyer. Any such item(s)/lot(s) may be resold, donated, or otherwise disposed of by the Auctioneer, at the discretion of the Auctioneer, with no further notice to the Buyer and no refund or reimbursement to the Buyer. Transportation and/or storage fees (such as the storage fees described above in subsection 9a of these Terms and Conditions) may be incurred by the Buyer in cases where item(s)/lot(s) require relocation for later pick-up. Any such fees would be charged to the Buyer's credit card on file. We will not release any item/lot to the Buyer for which there is an unpaid balance owing, including an unpaid balance for transportation and/or storage fees (if applicable). In consideration of the above, please do NOT bid on any item(s)/lot(s) in the auction if you do not fully intend to collect your item(s)/lot(s) during the scheduled pick-up event! (10) LIABILITY DISCLAIMER: Moe's Auctioneering Service Inc. and its employees shall not be held liable for any losses, damages, accidents, or injuries occurring on Auction House premises or on any other premises that are being used in relation to an off-site auction hosted by the Auctioneer (if applicable) during scheduled preview events, scheduled pick-up events, drop-in visits, or at any other time. The Bidder, and any companion(s) of the Bidder (if applicable), shall be at their own risk and liability whenever on Auction House premises and whenever on any other premises that are being used in relation to an off-site auction hosted by the Auctioneer (if applicable) and shall hold the Auctioneer harmless for any injuries sustained and/or for any property loss or damage resulting from any cause. For further clarity, no claims can be made against the Auctioneer, or the Auctioneer's agents, employees, or principals, for any injuries sustained and/or for any property loss or damage resulting from any cause. The Bidder, and any companion(s) of the Bidder (if applicable), shall be held responsible for any damage that they may cause to property that is owned by the Auctioneer and/or any property that is in the Auctioneer's possession on behalf of a consignor/seller. (11) SYSTEM FAILURES OR MALFUNCTIONS AND USER ERROR: For internet-only auctions, the Auctioneer reserves the right to cancel and/or reopen the auction in the event of system failures or malfunctions. The Auctioneer also reserves the right to extend bidding, delay bidding, or cancel bidding, without any notice to registered Bidders. The Auctioneer cannot, and shall not, be held responsible or liable for any interruption in service or HiBid system errors, malfunctions, and/or omissions (including, but not limited to, faulty equipment, failure of equipment, faulty software, failure of software, lack of internet service connections or signals, or failure of any online bids that are not relayed on time to the Auctioneer) and does not guarantee continual, uninterrupted, or error-free service or use of the HiBid website. Bidders acknowledges that this auction is conducted electronically and relies on hardware and software that the Auctioneer does not operate and uses as a third-party service, and that this hardware and software may malfunction without warning. The Auctioneer cannot, and shall not, be held responsible or liable for any user error made by a Bidder or Buyer using the HiBid website, including incorrect or accidental bid placements. All sales are final. (12) BIDDER RESPONSIBILITY ACCOUNT SECURITY AND FOR BIDS PLACED: The security of Bidder account information is the sole responsibility of the Bidder, and Bidders are responsible for any and all bids placed under their bidding number/username and password. If at any time you feel that your Bidder number/username, password, or other Bidder account information may have been compromised due to lack of security on your part, you must notify the Auctioneer immediately. (13) WINNING DETERMINATION: If you are new to the HiBid online auction platform website, you may encounter a notice stating "MAY HAVE WON" for the item(s)/lot(s) you bid on. However, at Moe's Auction House there are no uncertainties. If you are the last and highest Bidder, you are the "WINNER" (i.e., the Buyer) of the item(s)/lot(s) in question.