General Conditions of Business
These Conditions apply to all sales conducted and services provided by Vanessa Crew Pty. Ltd. trading as The Collector and any goods which are held by the Company for transport, valuation, storage, or any other purposes.
The Auctioneer may knock down a Lot to the person who, at his or her absolute discretion, he or she believes is the highest bidder acceptable to the company, subject to any Agreed Reserve. Any dispute may be determined by the Auctioneer at his or her absolute discretion and the decision of the Auctioneer shall be final. Every bidder shall be deemed to act as principal unless prior to the commencement of the Sale there is a written acceptance by the company that the bidder is acting on behalf of a third party and that the bidder is not personally liable.
In addition to the hammer price, the buyer agrees to pay The Collector the buyer’s premium together with any applicable taxes in the place of sale.
The buyer’s premium is 24% of the hammer price plus GST. A different buyer’s premium may apply to some lots, which will be individually specified in the lot description.
Buyers to satisfy themselves
Lots are sold on an “as is” basis and it is the responsibility of prospective Buyers to examine a Lot prior to the Sale and to satisfy themselves as to the condition of the Lot and that the Lot matches any written or oral description provided by the Seller or The Collector.
If a Lot is proved to the reasonable satisfaction of the company to be a Forgery then the company may rescind the Sale as agent of the Seller in which case the Seller shall refund the Sale Proceeds to the company, which will refund the Purchase Price to the Buyer and make the Lot available to the Seller for collection provided that:
- the Buyer provides written notice to tThe Collector within 14 days of the auction date of the Forgery allegations
- the Buyer produces evidence from two independent experts who both agree that the Lot is a Forgery, however, The Collector reserves the right to request further expert evidence if, in its sole discretion, it is not satisfied with the findings by the expert
- the Buyer returns the Lot to The Collector in the same condition as it was at the date of the Sale
Contract of Sale
Subject to The Collectors discretion, on the acceptance of a bid by the fall of the Auctioneer’s hammer a contract of sale is made between the Seller and Buyer. The company is not a party to the contract of sale and shall not be liable for any breach of that contract by either the Seller or the Buyer.
INTERNET BIDDING TERMS AND CONDITIONS
Supplementary conditions for Online Bidders at our online bidding site are listed below:
Intending bidders need to be aware of the information about the Auction available from this web site, including auction times, product catalogue, Buyer’s premium, any other charges and times for inspection and collection of goods.
A bidder number system applies at The Collector. All intending bidders are required to register prior to bidding to obtain a bidder number. If you intend to bid online you must complete the Online Bidder Registration Form, which is available after acceptance of the terms and conditions. After registration you will receive an Online Bidder Number (Paddle number) confirmation and a password via email.
Buyers premium and other charges
In addition to the hammer price, the buyer agrees to pay The Collector the Buyer’s Premium, together with any applicable taxes in the place of sale. The Buyer’s Premium charge is applied to the hammer price after bidding concludes. The Buyer’s Premium amount is specified in the Terms and Conditions and in the auction information. Other charges may also apply depending on your circumstances (eg: Packing and Postage, Delivery or Storage of uncollected goods).
All items are sold AS IS therefore viewing and prior inspection is highly recommended. Additional photographs, video viewing and condition reports are available for those people who cannot, or do not, wish to attend the auction room in person.
Internet Services and disruption
Bidders should be aware that the Internet may at times exhibit slow downs and outages that are outside of the control of, both The Collector, and Webtron, and that at these times it may not be possible to bid over the Internet at an auction. Bidders are advised to place bids as early as possible and to use the bid stack to place a limit in advance of the auction of a lot and have the system bid for you.
The Auctioneers decision is final and there will be no negotiation after the fall of the hammer. The auctioneer has total discretion in choosing to accept a bid from the Internet or from the floor and may, without giving any reason, refuse to accept the bidding of any person or persons.
Transfer of ownership
Goods become the responsibility of the purchaser after the fall of the hammer and cannot be removed until payment is made. Internet bidders are required to contact our office to process payment and provide instructions for collection, storage or delivery, as soon as possible after winning bids at auction. Purchases must be completed, and goods removed within two working days of sale.
By accepting these terms and conditions and bidding online you warrant that you are at least 18 years of age and able to enter a legally binding contract, that you will be financially responsible for your use of the Webtron auction system and that you will be responsible for any usage by minors, or any other party of these auction services, under your name or account. So please guard your password like you would a pin number on a bank account and do not leave your computer unattended while logged into the system. By accepting these terms and conditions you give permission to The Collector to use the supplied address and other details for verification purposes and to contact you regarding upcoming auction activity.
Payment by Buyer
At the time that a prospective Buyer registers to bid, he or she must give The Collector his or her name and address and, if requested by the company, banking or other suitable references or identification and an acknowledgement that they have read and agreed to be bound by these conditions.
The Purchase Price must be paid to the company not later than 4.00pm on the first business day after the Sale unless otherwise stated in Catalogue.
Full payment for all Lots must be made to The Collector by cash, electronic funds transfer, or approved credit card. Where the Buyer wishes to pay by bank transfer, bank cheque, personal or company cheque, and the company has agreed that the Buyer may do so, a Lot will not be released until the cheque or transfer has cleared.
Collection of Purchases
All Lots must be paid for and collected within 2 business days after the Sale unless otherwise stated in the Catalogue. The Buyer shall be responsible for any removal, storage, or other charges for any Lots after this day.
Non-payment or failure to collect
If the Purchase Price in respect of a Lot is not paid for in full The Collector may, after a period of 3 business days after the Auction (during which time The Collector will attempt to contact the Buyer), and in its absolute discretion and without prejudice to any other rights or remedies it may have, exercise one or more of the following remedies:
- Re-sell the Lot without reserve by auction, private treaty, or any other means provided that a notice is given to the Buyer who agrees not to challenge the resale price achieved in respect to the Lot,
- Remove, store, and further insure the Lot at the expense of the Buyer,
- Charge interest on the Purchase Price at the rate of 3% per month or part thereof from the date upon which the Purchase Price becomes payable until the full Purchase Price has been received by the company from a resale,
- Retain any Lot sold to the Buyer at the same or any other auction until payment of the Purchase Price by the Buyer,
- Apply the proceeds of the Sale of any Lot then due or at any time thereafter becoming due to the Buyer in payment or part payment of the Purchase Price,
- Exercise a lien on or exercise a power of sale over any other property of the Buyer in the power, possession or control of the company,
- Rescind the Sale of that Lot or any other Lot sold by the Seller to the Buyer at the same time or any other auction sale,
- Repossess any goods comprising any Lot in respect of which payment is overdue and thereafter resell the same, and for this purpose the Buyer hereby grants an irrevocable license to the company to enter upon all or any of the Buyer’s premises (with or without vehicles) during normal business hours, without prejudice to any other rights of the company, issue legal proceedings against the Buyer
- Reject a bid from the Buyer at any future auction sale or require the Buyer to pay a deposit before any bid is accepted by The Collector at any future Sale.
If the Lot is not collected, The Collector may, after a period of two days (during which time the company will attempt to contact the Buyer), and in its absolute discretion and without prejudice to any other rights or remedies it may have, exercise one or more of the following remedies:
- Remove, store and further insure the Lot at the expense of the Buyer,
- Rescind the Sale of that Lot or any other Lot sold by the Seller to the Buyer at the same or any other auction sale,
The Buyer shall pay all reasonable legal and other costs reasonably incurred by the company or the Seller (whether or not, Court proceedings shall have been issued) as a result of the Buyer’s non-payment for and/ or failure to collect a Lot, on a full indemnity basis, together with interest thereon at the rate specified above (3% per month) from the date upon which the Buyer shall have become liable to pay costs.
Absentee or commission bids
The Collector is prepared to execute telephone bids on behalf of prospective Buyers who are not at the auction at no charge, on the condition that, the prospective Buyer acknowledges that taking instructions by telephone in the course of an auction, has inherent risks (such as miscommunication, misunderstanding or other problems caused by a telecommunications fault or failure including a mobile telephone connection falling out).
The Collector shall not be responsible for any errors or omissions in connection with the execution of absentee or telephone bids. All telephone bids will start at the lowest estimate given in the catalogue. If we are unable to contact you, we will place one bid on your behalf at the lowest estimated amount printed in our catalogue for each lot you have specified.
In proving service by delivery
- by hand, it shall be necessary only to produce a receipt for the communication, signed by or on behalf of the recipient,
- by post, it shall be necessary only to prove that the communication was contained in a pre-paid envelope which was duly addressed, posted and, in the case of the Notice being sent to a destination outside Australia, was sent by airmail, and
- by email, it shall be necessary only to prove that the communication was sent to the correct email address.
Risk of Personal Loss or Injury
The Collector shall be under no liability for any injury, damage or loss sustained by any person while on the Premises, except where the Company (or its employees or agents) has acted with gross negligence.
Insurance for goods can be arranged if required at a cost.