CHARLESTONS FINE ART AUCTIONS

TERMS & CONDITIONS

These Terms and Conditions govern all auction sales conducted by Charleston's Fine Art Auctions Pty Limited ABN 68 079 537 670 ("CA" or "auctioneer").

1. Registration - Any prospective purchaser bidder at an auction conducted by CA must register with the auctioneer if they plan to bid at any auction. They must duly complete and sign a "Bidder Registration Form" and receive a Bidding Card in order to participate in any auction.

2. Agency - The party named on the Bidding Card shall be taken to be the purchaser in its own right and shall not be taken to be acting on behalf of any other person or entity unless, prior to the commencement of the auction, the auctioneer is 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. Such evidence shall include a written authority from the principal on terms acceptable to the auctioneer authorising the said person to bid on its behalf.

3. Auctioneer as agent or owner of Lots - The purchaser acknowledges that in some cases the auctioneer acts as the agent of the owner of a Lot and in other cases, Lots may be owned wholly or partially by the auctioneer and/or an entity or person related to the auctioneer.  

4. Inspection of Lots - All Lots are open for inspection prior to sale at the times and places as advertised by the auctioneer. Prospective purchasers are encouraged to examine Lots thoroughly and it is the sole responsibility to inspect such Lots prior to the commencement of the auction. On the fall of the hammer the purchaser shall be taken to have carried out all reasonable investigations and enquiries in relation to the Lot purchased. Without limitation this shall include a thorough review of any Lot description in any auction catalogue printed by the auctioneer for the purposes of the subject auction as well as a physical inspection of the state of repair and condition of the Lot purchased. Each Lot shall be purchased on an "as is" basis, in its state of repair and condition as at the time of the fall of the hammer. Neither the auctioneer nor the owner of the Lot makes any express or implied warranty as to the condition of any Lot offered for sale, and no statement made by or on behalf of the auctioneer at any time either before or during the auction (whether oral or written) shall be taken to constitute such a warranty or representation. To the maximum extent permitted by law, neither the auctioneer nor the owner of the Lot shall be responsible for any defects or faults in respect of any Lot.

5. Conduct of the auction - The auctioneer retains the absolute discretion to control the auction process at all times. Without limitation the auctioneer may:

  • refuse any bids;
  • change the order of sale of the Lots;
  • advance the bidding at his absolute discretion;
  • place a reserve at any Lot;
  • bid on behalf of any prospective purchaser with or without disclosure;
  • place a bid or bids on behalf on the owner;
  • withdraw any Lot from the sale;
  • offer a Lot for re-sale in the event of any dispute;
  • require a successful purchaser to pay forthwith the whole or part of any purchase price;
  • refuse any person or persons admission to or eject them from the auction site;
  • forbid any party from photographing any of the Lots or recording an auction; and/or
  • take bids from absentee bidders participating by telephone bid or by written bid left with the auctioneer.

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.

6. The purchaser shall be the highest bidder - The highest bidder shall on the fall of the hammer for a particular Lot be taken to be the successful purchaser and will be taken 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).

7. Buyer's Premium and GST - All bids are taken to be inclusive of GST payable. The successful purchaser in addition to payment of the amount of the successful bid will also be responsible for payment of a buyer's premium equivalent to 16.5% (inclusive of GST) of the amount of the successful bid for the Lot. Such a buyer's premium shall be payable at the same time and in the same manner as the hammer price is paid for the Lot.