CHARLESTONS FINE ART AUCTIONS

TERMS & CONDITIONS

The highest bidder shall on the fall of the hammer for a particular lot be the successful purchaser and will be deemed to have entered into a binding contract (subject to the conditions set out below) with the auctioneer as owner of the lot in its own right or with the auctioneer as the duly appointed agent of the owner (as the case may be).

1. In the event of any dispute as to the bidding in respect of any lot, the auctioneer shall have absolute discretion to settle the dispute as sole arbitrator and his decision shall be final and binding.

2. The auctioneer has a right:

  1. To refuse any bids.
  2. To advance the bidding at his absolute discretion.
  3. To place a reserve at any lot.
  4. To bid on behalf of any prospective purchaser with or without disclosure.
  5. To place a bid or bids on behalf on the owner.
  6. To withdraw any lot from the sale.
  7. To require a successful purchaser to pay forthwith the whole or part of any purchase price.
  8. To refuse any person or persons admission to or eject them from the auction site.
  9. To forbid any party from photographing any of the lots.

3. Subject to 5 below, the purchaser acknowledges that the auctioneer acts as the agent of the owner of the lot or as the owner of the lot in its own right and as such neither the auctioneer in either capacity (as the case may be) or the owner of the lot shall be responsible for any defects or faults in respect of any lot. All lots are open for inspections prior to sale and it is the prospective purchaser's sole responsibility to inspect such lots prior to the commencement of the auction.

4. As from the fall of the hammer all risks in relation to the lot passes to the successful purchaser notwithstanding that the title to the lot sold remains with the owner until such time as payment for the lot has been made in full.

5. All sales are final. No refunds or exchanges will be given. Notwithstanding if after the fall of the hammer the auctioneer shall receive from the successful purchaser notice in writing accompanied by the written opinion of a competent expert or authority that the lot purchased is not as described in the catalogue or as represented by the auctioneer will within 7 days of receipt of such notification refund to the successful purchaser the full purchase price paid subject to the return of the lot purchased in the same condition and state of repair at the time of the fall of the hammer and subject further to the auctioneer being satisfied as to the validity of the claim.

6. All bids are deemed to be inclusive of GST. The successful purchaser in addition to payment of the amount of the successful bid will also be responsible for payment of a buyers premium equivalent to 16.5% of the amount of the successful bid. Payment is to be made by cash, Visa, MasterCard, Bankcard, American Express, Diner's Club and EFTPOS. Personal and company cheques will be accepted as long as 3 major forms of identification are provided at the time by the successful purchaser. The auctioneer has the discretion to hold the merchandise until the cheque is cleared and if the cheque exceeds a pre determined amount.

7. Each lot shall be paid for and removed at the expense of the successful purchaser, on the day that the sales takes place, or at the sole discretion of the auctioneer a deposit of 20% will be accepted by the auctioneer and must be paid by the successful purchaser on the day of sale and the balance due and owing must be paid to the auctioneer and the lots removed by 12.00 noon on the day after the auction. Failure of the successful purchaser to comply with this condition will be deemed a breach of the Contract, whereupon the auctioneer will be entitled to forfeit the deposit paid and to terminate the Contract.

8. The party named on the bidding card shall be deemed to be the purchaser unless the auctioneer is prior to the commencement of the auction provided with written evidence that the party is acting for and on behalf of a principal and shall supply the full name and address of the principal.

9. In this agreement-

  1. Fall of the hammer means such time as a purchaser has bid for a particular lot and the auctioneer has acknowledged that purchaser as being the successful purchaser at which time a binding contract subject to these terms and conditions have been entered into.
  2. Auctioneers means Charleston’s Fine Art Auctions Pty United ABN 68 079 537 670 or its duly appointed employees, servants and agents.
  3. Lot means any lot or lots for sale either individually or as a group at the auctioneer's sole discretion