CONDITIONS OF SALE
1. Bargain Hunt Auctions Pty. Ltd acts as Agents for the Seller and as such is not responsible for any default by Seller or Buyer.
2. Bargain Hunt Auctions has absolute discretion without giving any reason whatever to refuse any bid, divide any lot, to combine any lots or to withdraw any lot and in case of dispute to put up any lot for auction again.
3. All bidders must register with us prior to bidding (with proof of identification) and the highest bidder shall be the buyer at the hammer price and any dispute shall be settled at the auctioneer's absolute discretion.
4. THE BUYER SHALL PAY TO BARGAIN HUNT AUCTIONS A PREMIUM OF 26.4% ON THE HAMMER PRICE FULLY INCLUSIVE OF GST AT THE PREVAILING RATE AND THE BUYER ACKNOWLEDGES THAT BARGAIN HUNT AUCTIONS MAY ALSO RECEIVE THE SELLER'S COMMISSION DUE TO THEM.
5. All lots purchased must be paid for in full within 2 days of the date of the auction. Payment by cash, pre-approved cheque, bank transfer, debit card, credit card (Mastercard and Visa only). NOTE: credit card payments are subject to a 2% surcharge and Paypal (charges also apply for Paypal payments)
(b) Or such other period as is specified at the auction or subsequently agreed to or any cheque given on account of the Purchase Price is dishonoured, Bargain Hunt Auctions shall, without further notice to the Buyer and in its absolute discretion and without prejudice to any other rights or remedies it may have and without being bound to give any notice, be entitled to exercise one or more of the following rights or remedies:
(i) To absolutely forfeit any moneys which the Buyer may have paid;
(ii) To issue proceedings against the Buyer for damages for breach of contract;
(iii) To rescind the sale of that or any other Lot sold to the Buyer at the same or at any other auction.
(c) Any successful on-line bidders shall be liable for any additional fees including a 5.5% surcharge on the hammer price together with any postage and handling costs incurred.
6. The ownership of any lot purchased shall not pass to the Buyer until payment in full of the total amount due has been made to Bargain Hunt Auctions.
7. (a) The Buyer shall at his own expense take away any lot purchased at the latest within 2 days of the sale subject to payment of the total amount due in accordance with Condition 4 and 5. After which time you shall be responsible for any storage and handling charges.
(b) The Buyer shall be responsible for loss or damage to lots purchased from the time of sale and neither Bargain Hunt Auctions nor its servants or agents will thereafter be responsible for any loss or damage of any kind whether caused by negligence or otherwise while any lot is in their custody or under their control.
8. These conditions shall be governed and construed in accordance with Australian Law and all transactions to which these conditions apply and all matters connected therewith shall also be governed by Australian Law. Bargain Hunt Auctions hereby submits to the exclusive jurisdiction of The Courts and all other parties concerned hereby submit to the non-exclusive jurisdiction of The Australian Courts.
9. In these Conditions:
(a) 'Hammer Price' means the price at which a lot is knocked down by the Auctioneer to the Buyer.
(b) 'Total amount due' means the 'Hammer Price' in respect of any lot sold together with the Buyer's Premium and GST thereon referred to in Condition 4.
(c) 'Catalogue' includes any advertisement, brochure, estimate price list or other literature or publication.
10. The Purchasers will be responsible to the Vendor for any unnecessary or wilful damage that may be done by them or their servants or workmen in the removal of any of the lots sold, whether to the structure of the premises or any part or parts of the property or contents.
11. ALL ELECTRICAL GOODS ARE BOUGHT AND SOLD AS SCRAP unless otherwise stated by the auctioneer. If an electrical item is sold as 'working' and the item does not work, the buyer has to bring the item back to the auction room the Friday after the auction and a full refund will be given. If the item is received after the Friday, no refund will be given
12. The auctioneer shall have the right at its absolute discretion to refuse admission to its premises or attendance at its auctions by any person.
13. All persons attending an auction do so at their own risk and the auctioneer shall not be liable for any damage, loss or injury to person or property suffered for any cause whatsoever at any auction except insofar as the damage, loss or injury is caused by the direct negligence of Bargain Hunt Auctions.
14. Buyer's that purchase with the 'Live' internet bidding are responsible for full payment even if the lot was bid 'in error'. The buyer has to pay for the lot but is welcome to re-book the item if they do not want it and re-sell it under their own name
Condition
Please Note Our Terms of Sale have recently changed.
By registering to bid on this auction you agree to the following terms and conditions. Payment is due in Ten (10) business days after then ending of sale. We serve the right to hold merchandise until payment clears. Telephone and absentee bidders will be notified by e-mail within two (2) days of sale end. We accept payment in the form of cash, check, money order, and wire transfer, PayPal, Visa, MasterCard and Discover. We accept the bank wire transfer, PayPal, Cash, and Money Order for American payment of more than $2000 USD. We accept American Visa and MasterCard to make payment for Invoice Amount under $2000 USD. We do not accept International card to make payment. For international payment, we only accept wire transfer and PayPal. For all wire transfer, there is $30 Bank Fee for charge. For PayPal, we will charge 4.5% transaction fee. For American Credit Card, there is 3% transaction fee.
1. All items are sold AS IS, where is with all faults. There are no warranties or representations of merchantability of any other kind, express or implied. All artists' names and dates recorded in this catalog are not to be taken as unqualified attributions to the artists named. No attributions to any artist or date are made or intended as to authorship or date of execution. Therefore, none of the property in this catalog is subject to any guarantee of authenticity and/or provenance and all of the property is sold as is. All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine them. Images descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials, provenance or any other feature of items being sold. We recommend prospective bidders to examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question. We do not do refunds. All sales are Final. No statement written or oral made by the auctioneer or any employee of Babylon Auction and Appraisals Inc. shall be deemed a warranty or assumption of liability by Babylon Auction and Appraisals Inc. or by any seller represented by Babylon Auction and Appraisals Inc.
2. Bidding will begin at a price appropriate in auctioneer's discretion. The auctioneer always reserves the right to withdraw a lot for any reason. At the auctioneer's discretion, no bid of less than one half (1/2) the low estimate will be accepted from any source: phone bidding, absentee bidding, internet bidding, or bidding in the gallery, unless authorized by the auctioneer. All lots in this catalog are offered subject to a reserve, which is the confidential minimum hammer price at which a lot will be sold. In executing a reserve, the auctioneer has the right to bid on behalf of the consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. If the reserve is not met, the auctioneer has the right to withdraw the item from the sale.
3. Once we declare that an item is sold, we cannot reopen the bidding. It is the bidder's responsibility to get our attention prior to our saying sold. When the auctioneer declares the item as sold, the title of property transfers to the successful bidder. We reserve the right to reject any bids deemed inappropriate or to withdraw any item(s) for lack of appropriate bids. If an item is withdrawn from the auction, it will be offered again only at the auctioneer's discretion.
4. All absentee and telephone bidders are required to sign and agree to these terms and conditions, as well as provide Babylon Auction and Appraisals Inc. with a valid credit card having a deposit that amounts $1500 USD. We do not accept international credit card to make the deposit. We will refund after auction day with 7 business days if the customer did not win any item.
5. All Phone bidding and Absentee Bidder's Form are held in the strictest confidence and must be received before the auction date two days. No additional phone bids can be accepted on the day of the auction, including additions when speaking with a staff person on the phone. Leaving an absentee or phone bid on a lot indicates your willingness to open the bidding at one half (1/2) the printed low estimate and gives the auctioneer the authority to open the bidding at that level. Babylon Auction and Appraisals Inc. shall have the right to withdraw any item at any time for any reason and to void any sale in the event of an error or dispute. We make every effort to honor all absentee and phone bid reservations, but we are not liable for any losses incurred as a result of failure to execute absentee bids or failed phone reservations. Submitting absentee bids or bidding by phone does not imply an extension of credit.
6. At the request of the buyer, Babylon Auction will authorize the shipment of purchased items usually within two weeks after payment has been received. Shipment is generally made via a third party shipper. The shippers' list is also provided. Unless buyer gives special instructions, the shipping method shall be at the sole discretion Babylon Auction and Appraisals Inc. The buyer is responsible for all costs of the shipment, include but not limited, pickup, packing, handling, and shipping fee. Babylon Auction is in no way responsible for the acts or omissions of independent handlers, packers or shippers of purchased items or for any loss, damage or delay from the packing or shipping of any property.
7. All purchases are subject to applicable New York sales tax, unless the New York State Resale Certificate tax form is fully and completely filled out and received prior to time of purchase. Resale tax numbers from other states are accepted. International buyers are responsible for tariffs, taxes, or assessments of shipped items to the buyer's country. Items shipped out of state may not be subject to sales tax.
8. Bidding on an item indicates your understanding and acceptance of these Terms of Sale. If a purchaser breaches any of these Terms of Sale, including the obligation to pay for purchased items, Babylon Auction and Appraisals Inc. may seek all remedies under the law including canceling the sale and reoffering the property without reserve.
9. A buyer's premium will be applied to the purchase price of all items. It shall be 22% if bidding live, by phone or by absentee bids. If online Internet bidding is utilized, it shall have a 25%-27% buyers premium added to the highest bid, it depends on different Platform's charge.
10. All items not picked up within Three months shall be assessed a storage fee of $5.00 per day, per item.
11. Please note that lots containing ivory, tortoiseshell, or other animal materials may be subject to regulations imposed by the Endangered Species Act and by the United States Fish and Wildlife Department. Some countries prohibit the importation of property containing materials from endangered species, and prospective purchasers should familiarize themselves with relevant customs regulations prior to bidding if they intend to import these lots into another country. Buyer is responsible for any and all CITES permits.
12. All photos and descriptions posted on any online platform are the property of Babylon Auction and Appraisals Inc. and are subject to US copyright laws. No photo or description may be used without the advanced written approval of an authorized Babylon Antique Auction agent. Use of unauthorized photos and descriptions may incur penalties.
13. If, in any judicial proceeding, a court shall refuse to enforce any of the terms contained within these Terms and Conditions, then such unenforceable terms shall be deemed eliminated from the provisions hereof for the purpose of such proceedings to the extent necessary to permit the remaining separate terms contained herein to be enforced in such proceedings.
14. The Terms and Conditions shall inure to the benefit of Babylon Auction and Appraisals Inc., its successors and/or assigns and may not be terminated, amended, or modified, except by an instrument in writing executed by Babylon Auction and Appraisals Inc.
15. The provisions of these Terms and Conditions shall be construed, and the performance thereof shall be enforced, in accordance with the laws of the State of New York. All bidders hereby irrevocably and unconditionally submit to the exclusive jurisdiction and venue of the Supreme Court, State of New York, and County of Suffolk in the event of any dispute with regard to any bid or the terms and conditions contained herein.
16. Any person or entity submitting a bid to any auction represents, warrants, and covenants that he/she/it is subject to service of process in the State of New York and that it will remain so subject so long as these Terms and Conditions are in effect. If for any reason any person or entity should not be so subject, said person or entity hereby designates and appoints, without revocation, the Secretary of the State of New York as its agent upon whom he/she/it may be served with all process, pleadings, notices, or other papers which may be served as a result of the breach of any of the terms and conditions contained herein. Moreover, any person or entity submitting a bid specifically and irrevocably: (a) agrees that any suit, action, or other legal proceedings arising out of this agreement may be brought in the courts of record of the State of New York, County of Suffolk; (b) consents to the jurisdiction of each such court in any such suit, action, or proceeding; and (c) waives any objection to the laying of venue of any such suit, action, or proceeding in any of such courts.
17. Any person or entity submitting a bid at any auction hereby acknowledges that in the event said bidder is found to have breached any term or condition contained within these Terms and Conditions, Babylon Auction and Appraisals Inc. shall be entitled to all costs and fees, including, but not limited to, court costs and reasonable attorneys' fees in connection with any such breach.
