Terms and Conditions of Sale Canadian Opera Company Fine Wine Auction
THE AUCTION IS CONDUCTED UNDER THE AUTHORIZATION OF THE ALCOHOL AND GAMING COMMISSION OF ONTARIO PERMIT NUMBER AA1203206
To view the complete digital catalogue and register for the auction, please visit https://irongateauctions.com/.
Once you have created your account, you will receive notifications about the COC Fine Wine Auction as well as any updates regarding your bids.
Beginning at 9 a.m. ET on Monday, April 19, registered participants will be able to track items of interest and bid on lots. When someone outbids you, you will receive a notification from Iron Gate Auctions. The auction will close on Friday, April 23 beginning at 6 p.m. ET. The lots will have a staggered closing with 50 lots closing every 20 minutes.
For any other Fine Wine Auction inquiries please contact Stephen Gilles, Director of Philanthropy at [email protected].
Credit card information will be requested on registration.
The wines listed in this catalogue, as may be amended by sale room notice or announcement, are being offered for sale by the CANADIAN OPERA COMPANY for its own account. These Terms and Conditions of Sale constitute the complete terms and conditions on which all of the wines and related items will be offered for sale.
CONDITIONS OF THE WINE
All wine sold at the sale shall be at the buyer’s risk.
The Canadian Opera Company sells all wine exactly as it is and gives
no warranty of any kind as to any of the wine, nor shall they
be liable in any manner for any error in description, faults,
or defects. All warranties and conditions implied by law are
hereby excluded. No person shall have recourse against the
Canadian Opera Company for any irregularity or illegality in the
sales, or in the conduct of the sale, or of the wine. All wine
donations for this auction have been professionally stored at the
proper temperature and humidity at an off-site facility.
The wine offered for sale at the Auction may not have been
tested by the Liquor Control Board of Ontario. The purchaser
of the wine by way of the auction is required by law to
acknowledge in writing that the wine may not have been tested
by the Liquor Control Board of Ontario. The form for this
acknowledgment will be available for signature on pick up or delivery of winning lots.
While every effort has been made to ensure the accuracy of the
information about the wines in this catalogue, errors and omissions
may occur. The Canadian Opera Company cannot be held liable if purchased
wines do not fit the description contained herein.
This catalogue has been organized according to wine-growing
regions. There are many vertical and horizontal groupings to
enhance selection and comparability. The auction will be conducted in catalogue order.
WINE INSPECTION AND CONDITION NOTES
All bottles from older vintages have been
inspected. Where in any case considerations regarding the label,
bottle condition, or the fill level are deemed to have a potential
effect on the value or quality of the wine, particulars of that
condition have been indicated. As is customary, somewhat greater
ullage in older vintages is considered acceptable, provided that no
leakage is evident, with no comment necessary.
WINE REVIEWS AND RATING
For wine reviews, we have relied on the professional wine reviews
of Robert Parker of the Wine Advocate whose numerical reviews are standards of reference for
international wine enthusiasts. Wherever possible, the most recent review for a wine has been used.
IRON GATE AUCTIONS TERMS AND CONDITIONS
Terms of Bidding
All bidders/purchasers of wine or other alcoholic beverages through the Auction must be 19 years of age or older. Proof of age may be required prior to the transfer of any purchased lots.
Bidders must register/sign-in for an account at IronGateAuctions.com in order to participate in the Auction. The bidder’s contact information is registered with Iron Gate Private Wine Management at IronGateAuctions.com
All sales are final. No purchase can be returned, refunded or exchanged. Bidders are legally responsible for all bids that they have placed, even if a bid has been placed in error.
Iron Gate Auctions Terms and Conditions
In addition to the Terms and Conditions outlined above the following Terms and Conditions from Iron Gate Auctions Inc. will apply to all bidders.
Participation in any online auction hosted on the Iron Gate Auctions Inc. website (the “Site”) is subject to the following Auction Terms and Conditions which govern all Iron Gate Auctions as posted on the Site, as posted in the auction showroom, and as set out in any catalogue. Irongate Auctions Inc. (the “Auctioneer”) reserves the right to modify or update the Auction Terms and Conditions without prior notice. It is the responsibility of all prospective buyers to review any and all changes made to these Auction Terms and Conditions prior to each use of this Site. Modifications and changes are effective and binding when posted on the Site. By using the Site, you agree in advance to accept all Auction Terms & Conditions, including such changes.
As used herein, the following words are defined as described below:
“Bidder” means any person participating, making, or attempting to make a bid at an auction sale, either Online or Live.
“Buyer” means a person who makes the highest bid accepted at the closing of an “Online Auction” or by the auctioneer in a “Live Auction”, except as otherwise provided in Iron Gate Auctions’ Discretion in Relation to Bidding/Purchasing, Paragraph 3 a) b) or c) below.
“Online Auction” is the sale of a Property or Lots which is conducted by means of Iron Gate’s Online Auction Platform and assorted technical services accessible solely by online means and which enables Buyers to bid for and buy Lots in a time-based auction.
“Hammer Price”: means the highest bid accepted from a “Bidder” for a Lot during an Online or Live Auction, unless Iron Gate Auctions decides to use its authority as set out in Iron Gate Auctions’ Discretion in Relation to Bidding/Purchasing, Paragraph 3 a) b) or c) below. This means a contract for sale has been formed between the seller and the successful bidder.
“Buyer’s Premium” means the commission payable by “Buyer” to Iron Gate Auctions, which is 17.5% of the “Hammer Price”.
“Import Duties” means duties, tariffs, permits, rates, schedules, taxes, and preliminary statements or require licenses or other charges required by laws, rules, or restrictions governing importation of alcoholic beverages, as those laws, rules, or restrictions may be amended, adjusted, increased, renegotiated, replaced, or restated from time to time.
“Purchase Price” means the sum of the “Hammer Price”, the “Buyer’s Premium”, and any applicable taxes.
“Property” means an item offered for sale at an auction.
“Lot” means a collection of one of more items offered for sale as a single unit at an auction.
“Reserve” is the confidential minimum price which the Seller has agreed to accept for a Lot below which the Lot cannot be sold.
“Seller” means the consignor of the Property.
“Conditions of Sale” The legal terms that govern the conduct of the auction including the acceptable methods of payment, terms, buyer’s premium, reserve bids or any other limiting factors of an auction.
2. Description of Property for Auction
Wines are inspected, catalogued and lotted as accurately as possible prior to the time of sale, including the ullage levels, if Iron Gate Auctions believes significant changes have occurred since bottling. However, it is possible that levels may change between cataloguing and date of sale. Iron Gate Auctions believes that all Property sold at auction has been properly stored before being delivered to Iron Gates’s temperature and humidity-controlled cellars. Buyers of older and more fragile wines must make allowances for natural variations of ullage and general condition, including corks, cases and labels. Wines of less than 20 years of age have been determined by Iron Gate Auctions, based on our professional judgment, to be in generally excellent condition unless otherwise indicated. The absence of any such reference does not imply that an item is free from defects, nor does a reference to particular defects imply the absence of any others. All lots are sold “AS IS” without any representation or warranty of any kind by Iron Gate Auctions or the Seller. Lot descriptions may be subject to written or verbal revision and amendment by Iron Gate Auctions prior to the time of sale. Neither Iron Gate Auctions nor the Seller shall be responsible to the Buyer for errors or omissions, written or oral made at any auction, in the catalog, email, tasting notes, estimates, or in any communication by Iron Gate Wines.
Iron Gate Auctions endeavors to describe each Property or Lot as carefully and accurately as possible, however, Iron Gate Auctions and the Seller do not warrant or represent, and deny responsibility for, the accuracy of Catalogue or Lot descriptions and photographs encompassing but not limited to provenance, vintage, authenticity, quality, colour and condition as may be stated in the description, on a condition report, or in catalogue photography. All statements are a matter of opinion only, and cannot be construed as warranties or representations of fact or assumptions of any liability on the part of Iron Gate Auctions or the Seller.
Pre-sale Estimates are provided by Iron Gate Auctions as a guide for prospective Bidders to assist them with determining the appropriate amount to bid for a Lot. Estimates are based on the condition, rarity, quality and provenance of the lots and on prices recently paid at auction for similar property. Estimates do not include the buyer’s premium or any applicable taxes. All Pre-sale Estimates are in Canadian dollars.
Unless otherwise specified, all Lots are offered subject to a Reserve, which is the confidential minimum price the seller will accept and below which the lot will not be sold. Reserves shall be no higher than the low Presale Estimate at the opening time for the applicable Online Auction. Under no circumstances will the system place any bid on behalf of the Seller at or above the Reserve.
Notwithstanding the previous conditions, if a Lot has been determined to not be correct, a letter from a qualified specialist must be provided to Iron Gate Auctions within 14 days of the close of the online auction.
3. Iron Gate Auctions’ Discretion in Relation to Bidding/Purchasing
a) Iron Gate Auctions reserves the right, in our absolute discretion, to reject your registration to bid, reject any bid, refuse entrance to a live auction premise or participation in any auction.
b) Iron Gate Auctions reserves the right to disable or deactivate your account at any time during the sale.
c) Iron Gate Auctions reserves the right to withdraw or divide any lot or combine any two or more lots; in the case of error or dispute restart or continue bidding even if the bidding is finished; cancel the sale of a lot; or re-offer or re-sell any lot. If any dispute relating to bidding arises during or after the sale, Iron Gate Auctions’ decision in exercise of any of these options is final.
4. Connectivity and Technical Problems
Execution of online and mobile internet bids are a free service and convenience to Bidders.
Iron Gate Auctions shall not be responsible for any failure to execute such bids or any error relating to a bid including without limitation, errors or failures caused by: (a) loss of connection to the Internet of either Iron Gate Wines or Bidder; or (b) a breakdown or problems with Bidder’s Internet capacity, connection, corporate firewalls, device or other technical problems that may create difficulties for some users including (but not limited to) accessing sales and maintaining continuity of such access.
5. Online Bidding Process
a) Online auctions begin and end at a predetermined date and time.
b) Bids may only be submitted between the dates and times specified for that lot.
c) Bidding generally opens at or below the low estimate and increases in bidding increments to be determined at the sole discretion of Iron Gate Auctions. The currency for all Iron Gate Auctions is Canadian dollars.
Bidding increments, based on appraised value, are as follows:
$100 to $500 by $25
$500 to $1000 by $50
$1000 to $2000. by $100
$2,000 to $3,000 by $200
$3,000 to $5,000 by $250
$5,000 to $10,000 by $500
$10,000 to $20,000 by $1,000
$20,000 to $30,000 by $2,000
$30,000 to $50,000 by $2,000
$50,000 to $100,000 by $5, $000
$100,000 to $500,000 by $10,000
All increments subject to the discretion of the auctioneer.
d) As soon as you place and confirm your bid amount, the bid is submitted (subject to any pre-determined credit limit). You accept and agree that bids submitted in this way are final and that you may not, under any circumstances, amend, retract or revoke your bid.
e) The highest bid accepted at the Lot closing will be the successful bid. The close of a successfully bid Lot signifies the acceptance of a contract with Iron Gate Auctions, selling as agent for the seller. As a Bidder you are responsible for any bids placed under your bidding account.