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TERMS & CONDITIONSThe 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:
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-
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