CONDITIONS OF SALE
The following, as amended by any posted notices during the sale, constitutes the entire terms and conditions on which the property shall be offered for sale or sold by Neale & Sons Auctioneers and any consignor of such
property for whom Neale & Sons acts as agent.
1. No article can be removed from the premises before buyer makes settlement.
2. Any Buyer, as agreed to in writing by Neale & Sons, who leaves any item at the auction site to be removed at an agreed upon later date, does so at their own risk and liability and specifically releases Neale & Sons and any consignor from any liability. All items must be removed no later than 30 consecutive days after the auction date.
3. Persons attending during preview, sale or removal of goods, assumes all risks of damage or loss to persons and property and specifically releases Neale & Sons and any consignor from liability therefore, neither Neale & Sons nor their principals shall be liable by reason of any defect in or condition of the premises on which the premises is held.
4. As used herein the term BID PRICE means the price at which a lot is gaveled down to the purchaser and the PURCHASE PRICE means the aggregate of (A) the bid price (B) a 23% buyers premium (C) unless the purchaser is exempt by law from the payment, therefore, any California state or local tax (or compensation use tax of another state) and any other applicable taxes. Unless exemption from such taxes is established to the satisfaction of Neale & Sons any purchaser claiming an exemption will be required to pay the tax to Neale & Sons and seek a refund from the State of California.
5. At the fall of the auctioneer's gavel, the highest bidder shall be deemed to have purchased the offered lot in accordance with all the conditions set forth herein and there upon (A) assumes full risks and responsibility, therefore, (B) will sign a confirmation of purchase, therefore, (C) will pay the purchase price the day of the sale, by 5:00 PM, in full or such part as Neale & Sons may require for all lots purchased. To prevent misdelivery and inconvenience in settlement of a purchase, no lot may be transferred. Upon receipt of all monies due, the purchaser shall at his expense and liability. If not so removed, items may be sent to Neale & Sons to a warehouse for the account, risk and expense of the purchaser. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to Neale & Sons and the consignor, by law, including without limitation the right to hold the purchaser liable for the purchase price. Neale & Sons at its option may either (A) cancel the sale, retaining as liquid damages all payments made by the original purchaser or (B) resell the property after the specified deadline for payment and/or removal to a new purchaser and for the account and risk of the original purchaser, either publicly or privately and in such event the original purchaser shall be liable for the payment of such deficiency plus all costs, including warehousing, expense of both sales, Neale & Sons commission at its regular rate, all other charges due here under and incidental damages.
6. If Buyer sues Neale & Sons and does not prevail, Buyer will reimburse Neale & Sons for all reasonable legal fees and expenses connected with such suit.
7. Neale & Sons reserves the right to withdraw any property at any time prior to the sale of the item, unless otherwise announced by the auctioneer at the time of the sale. All bids are per lot number or group of lot numbers and no lot shall be divided for sale.
8. Neale & Sons reserves 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 of doubt on the part of Neale & Sons as to the validity of any bid, the auctioneer shall have sole and final discretion either to determine the successful bidder or re-offer and resell the article in dispute. If any dispute arises after the sale, Neale & Sons sales record shall be conclusive in all respects.
9. If Neale & Sons is prevented by fire, theft or any other reason whatsoever from delivering any property to the purchaser, the liability of Neale & Sons shall be limited to the sum actually paid, therefore, by the purchaser.
10. If the auctioneer determines that any opening bid is insufficient, he may reject the same and withdraw the article for sale and if, having acknowledged an opening bid he decides that any advance thereafter is insufficient, he may reject the advance. Further, in certain instances, Neale & Sons may protect the interest of a consignor by bidding on their behalf.
11. Bidders agree to hold harmless, Neale & Sons and/or their agents, officers, employees and servants, against any claims of the nature referred to in this agreement.
12. Neale & Sons is acting as agent only and is not responsible for the acts of its principals.
13. The principals, auctioneers or advertising counsel will not be held responsible for advertising inaccuracies or discrepancies. Auctioneers have obtained the information and descriptions from what they feel are reliable sources. Prospective buyers are advised that auctioneers do not guarantee the accuracy of description or condition of the subject property.
14. If you pay with Payment Processing your card can be charged 4 days after an invoice has been sent.
BUYERS PREMIUM
General
Terms and conditions OF ARDENT Auctions Pty Ltd of Unit 1 3 Wiluna Street Fyshwick ACT 2609. From this point forward Ardent Auctions will be referred to as "Ardent.
1. INTERPRETATION
1.1 The definitions in this clause apply to these Terms:
"Auction" where the word "auction" is mentioned that is an auction conducted by Ardent.
"Hammer Price" The price that a lot was sold at by the auctioneer by saying sold or by banging the hammer or other implement in such a way as to conclude the sale of said lot.
"Bid Slip" means the slip to be completed by a potential buyer prior to participating in an auction in conjunction with Registration.
"Buyer" A Person, persons or entity bidding at an auction is, or are referred to as the "buyer" or "buyers"
"Seller" The owner of the goods being sold and consigned to Ardent for that purpose is referred to as the "seller".
"Buyer(s) Premium" refers to the premium not more than 20%, (as specified in the catalogue of the day) which is then added to the Hammer Price of all Lots.
"Commission Bids" refers to any proxy bidding taking place in relation to any given auction as notified to ARDENT, including any proxy bids received up to 15 minutes before the relevant auction.
"Contract" means the contract for purchase formed between the Buyer and the Seller once the Hammer Price has been achieved.
"Defaulter's Entry Fee" means the fee of $29 to be charged to the relevant party in the case of any Lot having to be re-auctioned otherwise than due to a fault of ARDENT.
"Deposit" means the cash (or as otherwise agreed) deposit paid by the potential buyer upon Registration of either $200 or $500 as notified by ARDENT in the Catalogue Notes (Usually only applies to overseas bidders).
"Lot" means any single item, group of items, or set of items sold at an auction on the Premises.
"Good(s)" includes any item forming a Lot or Lots as described in the relevant catalogue including but not limited to antiques, collectibles, textile goods, bespoke, and industrial goods and/or equipment.
"Catalogue" means the notes and pictures associated with each auction including but not limited to the Health & Safety notes, viewing times, payment details, collection times, the amount of the Buyer Premium, GST chargeable, and any other relevant terms relating to that particular auction and/or sale, and which in all cases are governed by these Terms.
"Auctioneer" where there is a mention of the auctioneer, the auctioneer will be deemed to be an employee or official agent of Ardent, who have the conduct of auctions from the rostrum and /or any other authorised representative thereof.
"Premises" means the premises in which the (Ardent) auction is taking place, and, where relevant, the location where the individual Lot and /or Lots under the control of Ardent are stored.
"Registration" means all or any one of the following as appropriate:
(i) The payment of the Deposit in cash or electronically, or as otherwise notified by ARDENT in the relevant Important Notes, (Overseas Bidders Only).
(ii) The presentation of Photo identification acceptable to ARDENT when requested; and
(iii) the completion and submission of the Bid Slip.
Agreeing to these terms and conditions
1 Any person attending an auction agrees to be bound by the terms and conditions set out here.
2 Before a buyer bids at an auction, the buyer must be registered by providing to ARDENT photo identification showing a facial photograph of the proposed buyer and particulars of the residential address of that buyer. Where the buyer for religious or ethical reasons refuses to provide facial photograph to ARDENT verifying his or her identity, ARDENT will require further verification of identity before allowing the potential buyer to bid. ARDENT may request further particulars of the potential buyer at the time of registration, without being required to give a reason. If for any reason ARDENT is dissatisfied with the information and/or documents provided by a potential buyer, identifying that buyer and or the buyer's residential address, ARDENT may at its absolute discretion refuse to register the buyer to bid at an auction.
3 The description of the goods as set out in any catalogue, published by ARDENT in any form or format, is simply meant as a guide as to the description of the goods, their provenance, source, the integrity of the source and/or the integrity of the goods, and hence should not be relied upon, by a buyer.
4 The buyer acknowledges and agrees that prior to the auction taking place, the buyer has inspected and satisfied themselves as to the condition of the goods which are catalogued in the auction, and which are to be sold, during the course of the auction (the "goods").
5 If the buyer intends to bid for goods that (because of their potential provenance, source, description or nature, assert certain characteristics) which may impact in the final price, a prospective buyer may pay for same goods, the buyer MUST at their own cost obtain expert advice independently of ARDENT, to such end that the buyer is satisfied PRIOR to bidding at the auction, that the buyer is purchasing what it is that the buyer believes the goods to be at the time of the auction. In this regard ARDENT and the seller of the goods, give no guarantee or warranty that the goods are of the description set out in the catalogue or of any description made by the auctioneer at any time during the currency of the auction. It is the obligation of the buyer to undertake any and all due diligence that the buyer requires, in order to satisfy the buyer as to the veracity or otherwise of the provenance, source of the goods, the characteristic, age, condition and quality of the goods, prior to bidding at the auction.
Telephone buyers
6 Buyers may provide to ARDENT, prior to the commencement of an auction, a telephone bid form, whereby the buyer indicates to ARDENT the buyer's interest in certain goods catalogued in a certain auction (the "telephone bid") and a wish by the buyer to make a telephone bid or bids for certain goods at that auction.
7 ARDENT is under no obligation to telephone the potential telephone buyer in relation to any bid registered by a telephone buyer, on a form provided to ARDENT prior to the auction, however will undertake its best endeavours to identify that the buyer has registered the buyer's interest in bidding for a particular good or goods, by the provision of a telephone bid form.
8 ARDENT will, where ARDENT acknowledges the acceptance of a telephone bid by a buyer, bid for and on behalf of the buyer as the buyer instructs over the telephone. However the buyer agrees and acknowledges that ARDENT is under no obligation to make a bid for and on behalf of a telephone buyer, and that if a bid is made by ARDENT, the bid is made in good grace having regard to the understanding of the auctioneer as to the bid wished to be made by the telephone buyer, via the auctioneer. The buyer will not make any claim, claim for compensation, nor claim for damages in relation to any telephone bid made by the auctioneer for and on behalf of that telephone buyer, and whatever offer or bid is made by the auctioneer for and on behalf of a buyer, at or during the auction will be deemed to be made by the buyer.
9 Telephone bid forms must be accepted by ARDENT before the commencement of the auction in which the goods to be bid upon are a part of, otherwise it is at the absolute discretion of ARDENT as to whether it accepts the bid form.
Bidding at auction
10 Normally, the highest buyer shall be the buyer of any goods at an auction. This is however at the absolute discretion of Ardent.
11 During the auction, all decisions in relation to any dispute arising in respect of any sale of any goods in that auction, or in respect of any matter, manner or thing, directly or indirectly related to a bid, the manner in which a bid is made, the manner in which a bid is accepted, any dispute in relation to whom has made a bid, or the amount of that bid, or the person, persons and/or entity to whom or which the hammer is dropped, the auctioneer is the final arbiter, and any decision so made by the auctioneer during the auction in relation to any matter, manner or thing either directly or indirectly related to the operation management, administration, taking of bids, giving of bids, falling of the hammer and the like, shall be that of the auctioneer.
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12 No buyer may retract a bid once the bid has been acknowledged by the auctioneer, which acknowledgement shall be an acknowledgment in any form made by the auctioneer at the time the bid is made.
However the auctioneer may at their own discretion acknowledge a retraction.
13 The buyer must be a registered buyer before making any bid and no bid shall be accepted from any unregistered buyer.
14 Upon the fall of the hammer in favour of a buyer that buyer is responsible for payment and collection of the goods, which are the subject of that fall of the hammer.
Internet buyers
15 Buyers may bid on the internet through the Invaluable website, for such auctions as are listed with invaluable. ARDENT shall not be responsible for any failure in relation to any equipment, program or link, or any reason whatsoever whereby an internet bid fails to come to the notice of the auctioneer, and the bid is not then conveyed to the auctioneer. ARDENT shall not be responsible to an internet buyer in relation to any bid made by an internet buyer, where for any reason ARDENT is unaware of the internet bid at the time the auction is taking place, or at all. The buyer shall not have any claim, claim for compensation or claim for damages if for any reason ARDENT does not notice or does not bid for an internet buyer.
16 An internet buyer is to pay an additional 3% buyer's commission on any goods purchased by a buyer by way of an internet bid, over and above the buyer's commission stated in the ARDENT catalogue on the day of the auction.
Collection of goods
17 Buyers may collect goods during the auction after paying for same, but only at the discretion of the auctioneer.
18 Internet buyers may only pay for and collect goods after the auction where those goods have been sold, has been completed, in that the last lot in the auction has been auctioned and all paperwork completed. Payments and pick-ups for internet buyers is to be completed by COB the following day. ARDENT can provide a shipping service with a courier or Australia Post, at the buyers expense plus a handling fee of $15 per lot to a maximum of $75 or can provide details of our preferred shippers on request. The buyer is to deal directly with the shipper of their choice to arrange pick-up of items and all costs incurred for pick-up, packaging and shipping are borne by the successful buyer.
Agent bids
19 The registered buyer is deemed to be the principal buyer. Any bidder who is acting as an agent for a buyer must, prior to the auction, provide written authority from the actual buyer, that the agent may so act on behalf of that buyer to bid at the auction and the principal must provide photo ID and register as a buyer, providing to ARDENT such information it requires of the principal.
ARDENT and buyers warranties and obligations.
20 ARDENT provides no warranty or guarantee, either express or implied, that any goods are free of all patent or latent faults or defects. The buyer acknowledges and agrees that the buyer has taken the opportunity to inspect the goods and undertaken all due diligence in relation to those goods, by having the goods tested, the veracity of the provenance and source of the goods established by an expert or experts and obtaining any report or reports that the buyer requires in relation to those goods. The buyer hereby indemnifies and holds safe ARDENT in relation to any matter, manner or thing, either directly or indirectly related to the goods the subject of the sale, which have been purchased by the buyer and accepts the goods as are, where are, and will claim no compensation, damages, nor make any claim against ARDENT in relation to any fault, either patent or latent in the goods, shortages in quantity, miss description of provenance, source quality or any other matter, manner or thing related in any way to the goods, directly or indirectly.
Payment of goods
21 The buyer agrees that the buyer will pay by cash, EFT, bank transfer, credit card, VISA, MasterCard and Debit card, however ARDENT does not accept payment by Cheque, American Express or Diners Club card.
22 All credit card transactions will be charged a 2% (plus GST) surcharge added to the amount charged to the buyer in relation to the sale and purchase of the goods.
ARDENT Buyers Premium / Commission
23 The buyer will pay to ARDENT a buyer's premium hereafter referred to as commission. The commission will be calculated upon the gross action sale price of the goods sold in respect of any lot, at the rate of commission listed in the catalogue for that particular auction, plus GST. The commission shall be paid at the same time as the gross auction sale price for the goods is paid by the buyer to ARDENT.
24 Where the commission does not appear due to omission in the sale catalogue the rate of commission will be deemed to be 18%. Commission can also be varied by written agreement between buyer and Ardent prior to auction.
Collection of purchase
25 All goods the subject of a purchase by a buyer shall be paid for on the day of the auction and removed from the ARDENT auction rooms, or the place where the auction has taken place, within two business days of the date of the sale, or at the time specified by the auctioneer at the beginning of the sale, where that is different to the two business days.
26 Buyers are responsible for the collection of the goods of the lot that the buyer has purchased, and the cost of any crane, forklift, lifting device or carrying device for the goods, and neither ARDENT nor the seller have any obligation to the buyer, other than to present the goods as the goods were situated during the course of the auction at which the goods were sold. Accordingly, in respect of any goods whereby any lifting device or equipment is required to remove those goods from the place where the auction took place, then the provision of that equipment, plant, or lifting facility shall be arranged and paid for by the buyer.
27 Normally, ARDENT is under no responsibility or obligation to a buyer to resell goods where the buyer does not wish to accept same after being the successful buyer. ARDENT may at its absolute discretion, refuse to resell such goods on behalf of the buyer at a subsequent auction of ARDENT. Unless otherwise agreed in writing the buyer must pay on the day of the auction and remove the goods of any lot from the premises within two business day after the fall of the hammer of the last lot in which the lot purchased by the buyer formed part.
Seller of the goods
28 The buyer agrees and acknowledges that in relation to the lot and the goods the subject of the sale and/or auction, ARDENT is simply an agent acting for and on behalf of the seller of those goods and that the contractual arrangement in relation to the purchase of those goods is as between the buyer and the seller of the goods, and that ARDENT has no part in this process, except as to act as the authorised and exclusive agent of the seller.
Return of goods
29 Where a buyer contends and /or asserts that buyer has the right at law or otherwise to return goods the subject of a lot at any auction, the buyer must within five (5) business days of the fall of the hammer for the last lot at the auction of which the goods formed part of a lot, advise ARDENT in writing, as follows…
29.1 that the buyer believes that the buyer is not required to accept the goods in the lot;
29.2 the reasons why the buyer contends that the buyer is not required to accept the goods in the lot;
29.3 what it is that the buyer wishes ARDENT to do about the goods, the subject of the lot; and
29.4 a description of all of the issues that the buyer has in relation to the goods the subject of the lot, whereby the buyer considers that the buyer has the right to return such goods to ARDENT (the "rejection notice").
30 ARDENT will advise the buyer in writing within five (5) business days of receipt of the rejection notice as to whether the seller will accept the goods by return, or if the seller will not, the reasons why the seller will not accept the return of the goods, and will do so in writing.
31 Where the seller agrees to accept goods by return, the goods must be in the same condition as they were when they left the auction room of ARDENT after the auction of which they were a part, and returned to the office address of ARDENT by the buyer at the cost of the buyer.
32 Upon receipt of the goods in the same condition as that when sold, ARDENT will return to the buyer the gross auction price and the buyer's commission, less a 5% handling and admin fee, and will do so within five (5) business days of the receipt of the goods.
Title of goods
33 Title in the goods, the subject of the sale, shall not pass to the buyer unless and until the payment by the buyer is cleared funds into the account of ARDENT. Should the buyer pay ARDENT by cheque or in a manner by which the payment is not honoured, then upon dishonour of that payment, ARDENT shall on behalf of seller and itself be at liberty to make claim against the buyer for the costs relevant to the purchase of those goods, including the demand for payment of the gross auction sale price of the goods, any costs relevant to the goods, the buyer's commission, any legal or collection costs relevant to the funds that should have been paid to ARDENT buy the buyer, interest, storage and bank fees.
34 Where the buyer does not make payment for the goods and does not collect such goods, ARDENT reserves the right at the absolute discretion of ARDENT to re-sell the goods at a subsequent auction and make claim against the buyer for any deficiency in and costs related to the original sale of the goods to the buyer and the subsequent sale of the goods to another buyer, advertising, insurance, transport costs, storage and loss of commission.
35 Before reselling the goods at a subsequent auction, ARDENT will send a notice of its intention to do so by prepaid ordinary post or email to the address or addresses provided by the buyer to ARDENT.
Changing the agreement
36 The terms and conditions of this agreement may not be varied by either party except in writing signed by both parties.
GST
37 Where the catalogue in respect of a lot and/or goods purchased by a buyer shows that the sale of that lot or those goods attracts GST, then upon providing the gross auction sale price of the goods, the buyer will also provide GST in relation to that purchase upon being provided by ARDENT with a tax invoice evidencing the amount of GST payable.
