Terms and Conditions
Payment
Accepted Forms of Payment: Cash, Wire Transfer, Direct Deposit or International Bank Transfer
Shipping
Please note you are required to pay for and collect lots by the end of the week following the sale. Failure to pay swiftly will mean we may re-offer the unpaid for lot in the next weeks sale and prevent you from bidding at Gandhara Auctions again.
Important Information
Important Notice to All Buyers
Buyers Premium: We charge 20% buyers premium.
Shipping: For your convenience we offer a Package and Postage service - shipping@gandhara.com.au for your P&P quotes.
Terms and Conditions.
1. Agent for the Seller: Unless otherwise agreed, Gandhara acts as agent for the seller. The contract for sale of the property is therefore made between the seller and the buyer.
2. Inspection: Prior to auction, prospective purchasers are very strongly advised to examine personally any property in which they are interested to satisfy themselves in relation to matters which may concern them, Contact us for an appointment to view.
3. Descriptions: Any representation in any catalogue or otherwise as to the origin, date, age, attribution, genuineness or estimated selling price of any lot is a statement of opinion only. Such statements do not constitute a representation, warranty or assumption of liability by Gandhara in relation to the lot. Any prospective buyer should satisfy themselves prior to the sale as to the reliability of the catalogue description.
4. Condition: Buyers are responsible for satisfying themselves concerning the condition of the property. All Lots are sold as seen.
5. Contract of sale: The buyer shall be the bidder at the highest price at the fall of the hammer.
6. Dispute resolution: Any dispute shall be settled at the auctioneer's absolute discretion. Under no circumstances will a sale be cancelled after the fall of the hammer, except at the auctioneer's entire discretion.
7. Bidder as principal: A bidder is accepting personal liability to pay the purchase price including the buyer's premium and all applicable taxes and charges unless: Gandhara has explicitly agreed in writing with the bidder before the commencement of the sale that (A) the bidder is acting as agent on behalf of a third party acceptable to Gandhara and (B) Gandhara has further agreed that they will look only to that third party for payment.
8. Premium: The buyer shall pay Gandhara a premium on the hammer price of 20% commission.
9. Reserve: Many Lots are offered subject to a reserve, which is the confidential minimum sale price. The reserve will never exceed the low estimate printed in the catalogue. Gandhara may open the bidding on any lot below the reserve by placing a bid on behalf of the seller, and may in their discretion continue to bid on behalf of the seller up to the reserve price, by bidding in response to other bidders or alternatively by placing consecutive bids.
10. Responsibility: Purchased lots shall be at the buyer's risk in all respects from the fall of the hammer, and neither Gandhara nor their agents shall be responsible for any loss or damage of any kind, whether caused by negligence or otherwise.
11. Payment: All purchased lots must be paid for within 7 days of the auction ending. Written bids ('Commission bids') must be paid for the day after the auction. Payment must be in cash or bank transfer. We do not accept cheques. Title will not pass to the buyer until Gandhara has received all amounts due to them in cleared funds even if the Lot has been released to the buyer.
12. Attendance at auction: Gandhara has the right in their absolute discretion to refuse participation in any auction, to reject any bid, and to refuse admission to the premises.
13. Collection: Purchased Lots can be collected from the auction room after the sale has ended or between 10am and 6pm on the day after the sale. If any purchased lot remains uncollected 21 days after the sale storage charges shall thereafter be $10 per day and Gandhara shall have the right to sell the purchased Lot to recover payment of storage charges outstanding. Any balance proceeds of sale received after payment of all sums outstanding and due to Gandhara shall be held for the account of the purchaser.
14. Packing: Gandhara will use reasonable efforts to take care when handling packing and shipping lots purchased, but are not responsible for the errors or omissions of third parties who may be retained for these purposes.
15. Electrical Items: All electrical items are sold as seen and Gandhara offers no guarantee as to the working condition of such items or their safety.
16. Remedies for non-payment: If the buyer fails to make payment in full in cleared funds within the time required by clause 11 above, Gandhara shall be entitled to exercise any one or more of the following rights or remedies additional to such other rights or remedies available:
• to charge interest at 4% per annum above the base rate of Lloyds bank plc;
• to commence legal proceedings for the recovery of the total amount due together with interest, legal fees and costs;
• to cancel the sale;
• to resell the property on such terms by auction or otherwise entirely as Gandhara may shall think fit, the buyer to be liable for all costs including legal fees incurred in the sale and to remain liable for any shortfall arising upon sale;
• to set off against any sums which Gandhara may owe the buyer the outstanding sums unpaid by the buyer;
• where the buyer owes sums to Gandhara in respect of different transactions, to apply any sum paid by the buyer entirely at the discretion of Gandhara to discharge any sums owed;
• to refuse entry to the buyer at any future auction and/or reject any future bids by the buyer and/or seek a deposit from the buyer entirely in the discretion of Gandhara;
• to retain all property owned by the buyer in the possession of Gandhara as collateral for outstanding sums owed and to exercise all the rights and remedies of a person holding security over any such property, whether by way of pledge, security interest or in any other way, to the extent permitted by law;
• to take such other action as is permissible by law and in the discretion of Gandhara.
17. Copyright: Gandhara shall own the copyright in all images, illustrations and written material produced by or for Gandhara Auctions relating to a lot including catalogue contents and such copyright shall remain at all times the property of Gandhara .Neither the buyer not anyone else shall use the same without the prior written consent of Gandhara.
18. Resale Right Regulations: If the Artist's Resale Right Regulations 2006 apply to the Lot, the buyer agrees to pay Gandhara an amount equal to the resale royalty provided for in those regulations.
19. Severability: Whenever and to the extent that any provisions of these terms would or might contravene the provisions of any relevant legislation such provision is to take effect only in so far as it may do so without contravening such legislation and the legality, validity and enforceability of any of the remaining provisions are not in any way to be affected or impaired as a result.
20. Law and Jurisdiction
• The rights and obligations of the parties with respect to these Conditions of Sale and the conduct of the auction and any matters related to any of the foregoing shall be governed by and interpreted in accordance with Australian law. For the benefit of Gandhara, all bidders and sellers agree that the Courts of Australia are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Sale and Authorship Warranty relate or apply. All parties agree that Gandhara shall retain the right to bring proceedings in any court other than the Courts of Australia.
Condition
1. The highest accepted bidder shall be the purchaser. Any bidder acting for any person who is not bidding shall be jointly and severally liable with that person for satisfaction of all obligations and liabilities hereunder.
2. Should any dispute arise between 2 or more bidders, or between the auctioneers and any bidder, the Lot or Lots in dispute shall be put up again or not at the discretion of the Auctioneers and their decision shall be final.
3. The purchaser shall give his name and place of abode at the fall of the hammer. Purchasers paying by cheque must be prepared, if required, to produce a letter of credit from their bankers.
4. The ownership of the Lot purchased shall not pass to the buyer until he has made payment in full to Gandhara of the 'total amount due'.
5. The Auctioneers reserve the right to sell in such order and manner as they shall decide and to withdraw any Lot at any time.
6. No Lot or Lots shall be removed from the Auctioneer's premises until paid for and a receipt obtained. Each Lot shall immediately at the fall of the hammer be considered as delivered and remain in every respect at the absolute risk of the Purchaser thereof and shall be removed at the Purchaser's expense not later than 7 days following the Sale. Neither shall any undertaking of the Auctioneers or their servants to take charge of any Lots after the Sale or to forward them to their destination be held to impose upon the Auctioneers any legal or equitable liability or obligation. The buyer shall be responsible for any removal and storage of any Lot not taken away within 7 days after the day of the Auction.
7. No Lot may be removed during the time of the Sale. No person to be entitled to anything not described in his Lots. No allowance whatsoever will be made for errors in description, authenticity or quantity. Purchasers must satisfy themselves as to the condition of a Lot.
8. Mechanical and electrical Lots - No warranty or guarantee is given that these are in working order.
9. Every person whilst on the premises before, during and after the Sale shall be deemed to be there at his or her own risk and with notice of the conditions of the premises or the method of arranging the furniture and no person shall have or make any claim against the seller or the Auctioneer in respect of any accident which may happen.
10. If any purchaser shall neglect or fail to comply with the above conditions the Lot or Lots shall be resold or otherwise disposed of in any way whether or not notice be given to the defaulting purchaser at the discretion of the Auctioneers and the deficiency if any incurred shall be made good by the defaulting purchaser at this present Sale and be recoverable from him as liquidated damages.
11. The Auctioneers to be the sole arbitrators in every matter of dispute and their decision shall be final.
12. THERE IS A BUYERS PREMIUM OF 20% which shall be payable in addition to the bid price.
13. Although information has been obtained from sources deemed reliable, the auctioneers make no warranty or guarantee express or implied, as to the accuracy of the information herein contained. It is for this reason that buyers should avail themselves of the opportunity to make inspection prior to the Sale and check any information for themselves??14. Lots not cleared from the auction rooms after 21 days after the sale storage charges shall thereafter be $10 per day.
GANDHARA ASSUMES NO LIABILITY FOR ERRORS IN CATALOGUE DESCRIPTIONS
Buyer Premium
All items are sold "As IS, Where Is". Atlanta Auction Company and its employees make no warranty, express or implied as to condition, size, count, weight, authenticity period, material or manufacturer or any other warranty. Descriptions and catalogs are a courtesy and may be subject to error or omission. Absolutely no exceptions.
Payment Terms
Any purchased lots not cleared from the auction rooms after 21 days will be subject to a storage charge of $10 per lot, per day.
Shipping Terms
Please note you are required to pay for and collect lots by 7 days following the sale. Failure to pay swiftly will mean we may re-offer the unpaid for lot in the next sale and prevent you from bidding at Gandhara Auctions again.
Important Information
Important Notice to All Buyers
It is the buyer's responsibility to ensure that lots have the relevant licences before shipping them. Please contact the department for assistance.
Please also note that some countries such as the United States and Canada restrict or prohibit the purchase and import of objects of Iranian or Persian origin. It is the bidder's responsibility to satisfy themselves that the lot being purchased may be imported in the country of destination.
Buyers Premium: We charge 20% buyers premium
Shipping: For your convenience we offer a Package and Postage service - Contact shipping@gandhara.com.au for your P&P quotes.
Payment
PAYMENT OPTIONS
Cash, Direct Deposit or International Bank Transfer (EFT, TT):
ACCOUNT NAME: A Tompkins
Westpac Broadway, Shop LG4/5, The Broadway Shopping Centre, 4-5 Bay Street
The IBAN or SWIFT Code is WPACAU2S
BSB & Account number: 032249 258089
Note: Please email through deposit slip or transfer documentation to info@gandhara.com.au after completion as the bank will not notify us of the payment.
Shipping Terms
Gandhara have in-house shipping service. In the interest of our clients, we requires a written authorization from the buyer in order to release property if anyone other than the person on the invoice will be picking up the purchased lot.
Gandhara takes no responsibility for any acts or omissions of any shipping company and will not be liable in any way once items have left our premises. We suggest purchasing insurance for the full value of your item. We can arrange in house shipping if required or the buyer can arrange shipping in accordance with our Terms and Conditions.
INTERNATIONAL SHIPPING
International Art Services www.iasdas.com.au tel +612 9667 1077 Matzen Cargo www.matzencargo.com tel +612 9316 4482 Pack & Send email bondijunction@packsend.com.au
FURNITURE - LOCAL
Local Leo Removals, 0412 347 447 Local Michael Montgomery, MTM Movers 0412 258 458 Local Hardwick Removals, 0414 362 163 Syd-Blue Mtns Milestone Movers, Stephen Weiley, 1300 788 810
SMALLER CARRIERS
Local Local Leo Removals, 0412 347 447 , 9665 3582 Local Peter Firmager, Get Moving, 0411 046 796 Local Chris Gane, Chequers, 0411 110 351 Local Grant, East Sydney Taxi Trucks, 0417 242 908 Local Roger Saliba, Double Removals, 0419 418 777
FURNITURE - INTERSTATE
Melb Geoff Yates, High Country Removals, 0418 347 628 Brisb/Melb Milestone Movers, Stephen Weiley, 1300 788 810 WA Eric Bilston Removals, 08 9353 6100 QLD Caloundra Removals, 07 5493 8811 SA Aarons Removals, 08 8268 9945
PAINTINGS
Local and all States Artwork Transport 9695 1471
Local and all states International Art Services, 9667 1077
Local, Melb, SA Woollahra Art Removals, 9669 2688
SMALLER CARRIERS
Local SmArtshift, 0412 734 349
Local A&A Smart Move Removals, 0412 493 447
